V.R. v. State (In re V.H., et al.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of V.H., E.R., and P.R., persons under eighteen years of age. ______________________________ V.R., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20060206-CA F I L E D (June 2, 2006) 2006 UT App 231 ----Third District Juvenile, Salt Lake Department, 441655 The Honorable Sharon P. McCully Attorneys: Gary L. Bell, South Jordan, and Candice RagsdalePollack, Salt Lake City, 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:. V.R. (Mother) appeals the termination of her parental rights. We dismiss the appeal.1 On March 28, 2006, Mother filed a notice of appeal from the juvenile court's amended termination order of March 13, 2006. Thus, Mother's petition on appeal was due no later than fifteen days from March 28. See Utah R. App. P. 55(a). Therefore, the due date for the petition was April 12, 2006. Mother's petition on appeal was filed in this court on April 14, 2006, two days 1 The State filed a motion for summary disposition, asserting a lack of jurisdiction. The State's motion is denied. after its due date under rule 55(a).2 Pursuant to rule 55(a), if a petition is not timely filed, "the appeal shall be dismissed." Id. Accordingly, this appeal is dismissed. ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge 2 The petition had a district court date stamp of April 13, stamped at almost 9:00 p.m., apparently from a drop box. Even using the district court stamp, not effective for this court, the petition was untimely. 20060206-CA 2

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