L.P. v. State (In re N.P. and R.P.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of N.P. and R.P., persons under eighteen years of age. ______________________________ L.P., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20050727-CA F I L E D (October 27, 2005) 2005 UT App 460 ----Third District Juvenile, Salt Lake Department, 455518 The Honorable Andrew A. Valdez Attorneys: Jeffrey J. Noland, Salt Lake City, for Appellant Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee ----- Before Judges Davis, McHugh, and Orme. PER CURIAM: L.P. (Mother) appeals the termination of her parental rights in N.P. and R.P. In her petition on appeal, Mother asserts there was insufficient evidence to support the termination. However, she has failed to provide this court with an adequate record to review her claim, and thus, the trial court's order must be affirmed. Pursuant to rule 54(a) of the Utah Rules of Appellate Procedure, where an appellant intends to challenge the sufficiency of the evidence supporting a finding or conclusion, "the appellant must include in the record a transcript of all evidence relevant to" the challenged finding or conclusion. Utah R. App. P. 54(a). Even after a notification from this court, Mother has failed to provide the transcript of her termination trial, in contravention of rule 54. "In the absence of an adequate record on appeal, we cannot address the issues raised and presume the correctness of the disposition." State v. Rawlings, 829 P.2d 150, 152-53 (Utah Ct. App. 1992), overruled on other grounds by State v. Gordon, 913 P.2d 350 (Utah 1996). Accordingly, the termination of Mother's parental rights is affirmed. ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge 20050727-CA 2

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