S.H. v. State (In re S.H.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of S.H., A.H., M.H., K.H., B.H., M.H., and C.H., persons under eighteen years of age. ______________________________ S.H., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20050958-CA F I L E D (December 8, 2005) 2005 UT App 534 ----Fourth District Juvenile, Provo Department, 978456 The Honorable Kay A. Lindsay Attorneys: S.H., Draper, Appellant Pro Se Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee Martha Pierce, Salt Lake City, Guardian ad Litem ----- Before Judges Davis, Orme, and Thorne. PER CURIAM: S.H. decisions This case dismissal seeks to appeal various unspecified orders and entered by the juvenile court over a span of six years. is before the court on its own motion for summary for lack of jurisdiction. See Utah R. App. P. 10(e). S.H. previously filed a notice of appeal on March 21, 2005, from an order entered by the juvenile court on September 29, 2004, denying S.H.'s motion for a new trial. That appeal was dismissed for lack of jurisdiction due to an untimely appeal. See In re S.H., 2005 UT App 373 (mem.). S.H. has now filed a new notice of appeal, though no new order or decision has been entered by the juvenile court from which an appeal may be taken by S.H. Pursuant to rule 52 of the Utah Rules of Appellate Procedure, a notice of appeal from an order relating to child welfare proceedings must be filed within fifteen days of the entry of the order. See Utah R. App. P. 52(a). When an appeal is untimely filed, this court lacks jurisdiction to hear the appeal. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616. When this court lacks jurisdiction, it "retains only the jurisdiction to dismiss the action." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). Accordingly, this appeal is dismissed. ______________________________ James Z. Davis, Judge ______________________________ Gregory K. Orme, Judge ______________________________ William A. Thorne Jr., Judge 20050958-CA 2

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