P.J.P. v. State (In re D.Z.P.)

P.J.P. v. State (In re D.Z.P.)

IN THE UTAH COURT OF APPEALS

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State of Utah, in the interest of D.Z.P. and A.L.P., persons under eighteen years of age.

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P.J.P.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION

(Not For Official Publication)

Case No. 20050202-CA

F I L E D

(June 3, 2005)

2005 UT App 251

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Third District Juvenile, Salt Lake Department, 155202

The Honorable Frederic M. Oddone

Attorneys: P.J.P., West Valley City, Appellant Pro Se

Mark L. Shurtleff and Carol L.C. Verdoia, Salt Lake City, for Appellee

Martha Pierce and Candace Coy-Dymek, Salt Lake City, Guardians Ad Litem

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Before Judges Davis, Greenwood, and Thorne.

PER CURIAM:

This case is before the court on Appellant P.J.P's Petition on Appeal challenging the juvenile court's termination of her parental rights pursuant to a voluntary relinquishment. Based on the undisputed representations of the parties and review of the juvenile record, it is apparent that this court lacks jurisdiction.

The parties do not dispute that the order terminating P.J.P.'s parental rights issued January 5, 2005.(1) P.J.P. filed her notice of appeal on March 2, 2005, fifty-six days after entry of the final order. An appeal must be taken from juvenile court orders related to termination proceedings "within 15 days of entry of the order." Utah Code Ann. § 78-3a-909(2) (Supp. 2004); see Utah R. App. P. 52(a). P.J.P.'s notice of appeal was to be filed no later than February 4, 2005, in order to be timely.

Because the notice of appeal was untimely filed, this court lacks jurisdiction and must dismiss the appeal. See In re A.M., 2005 UT App 2,¶5, 106 P.3d 193.

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James Z. Davis, Judge

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Pamela T. Greenwood, Judge

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William A. Thorne Jr., Judge

1. The juvenile court's date stamp reads January 5, 2004, but the parties all agree that the year was 2005. The Petition for Termination of Parental Rights had not even been filed on January 5, 2004, and the juvenile court judge's signature on the termination order is dated January 5, 2005. The year on the stamp, therefore, must be incorrect. The correct year of entry of the termination must have been 2005.