R.T. v. State (In re T.T. and T.T.)
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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of T.T. and T.T., persons under eighteen years of age. ______________________________ R.T., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20060326-CA F I L E D (May 25, 2006) 2006 UT App 207 ----Fourth District Juvenile, Provo Department, 989154 The Honorable Leslie D. Brown Attorneys: R. Paul Kawai, Provo, for Appellant Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee Martha Pierce, Salt Lake City, Guardian Ad Litem ----- Before Judges Greenwood, McHugh, and Orme. PER CURIAM: R.T. (Father) seeks to appeal the termination of his parental rights. This court lacks jurisdiction over this appeal. The juvenile court terminated Father's parental rights in an order dated March 8, 2006. The notice of appeal and the motion for an extension of time to appeal were filed on March 24, 2006, sixteen days after the date of the order. Under the Utah Rules of Appellate Procedure, both the notice and the motion were untimely, depriving this court of jurisdiction. Pursuant to rule 52, a notice of appeal from a child welfare proceeding must be filed within fifteen days of the order appealed from. See Utah R. App. P. 52(a). The time for filing a child welfare appeal may be extended only by motion filed prior to the expiration of the original fifteen-day filing time. See Utah R. App. P. 59(a). See Utah R. App. P. 2. These time frames cannot be suspended. Father's notice of appeal was filed more than fifteen days after the trial court's order, and was thus untimely. See Utah R. App. P. 52(a). Moreover, the motion to extend the time for filing an appeal was filed after the appeal time had run, and was thus also untimely. See Utah R. App. P. 59(a). The juvenile court did not have jurisdiction to grant the untimely motion. See State ex rel. A.M., 2005 UT App 2,¶5, 106 P.3d 193. Based on the untimely notice of appeal, this court lacks jurisdiction and must dismiss the appeal. See id. at ¶6. ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge 20060326-CA 2
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