C.W. v. State (In re S.L.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of S.L., a person under eighteen years of age. ______________________________ C.W., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20051047-CA F I L E D (January 12, 2006) 2006 UT App 13 ----Third District Juvenile, Salt Lake Department, 436247 The Honorable Kimberly K. Hornak Attorneys: Jeffrey J. Noland, Salt Lake City, for Appellant Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee Martha Pierce and Kristin Fadel, Salt Lake City, Guardians Ad Litem ----- Before Judges Bench, Greenwood, and Billings. PER CURIAM: C.W. (Father) appeals the termination of his parental rights in S.L. In his petition on appeal, Father asserts there was insufficient evidence to support the termination. However, he has failed to provide this court with an adequate record to review his claim, and thus, the juvenile court's order must be affirmed.1 Pursuant to rule 54(a) of the Utah Rules of Appellate Procedure, where an appellant intends to challenge the 1 Apparently counsel did not request a transcript on appeal. Absent a transcript for review, the outcome of a child welfare appeal is almost certain based on rule 54(a), as noted in the body of this decision. See Utah R. App. P. 54(a). 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, Father has failed to provide the transcript of his 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 Father's parental rights is affirmed. ______________________________ Russell W. Bench, Presiding Judge ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ Judith M. Billings, Judge 20051047-CA 2

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