W.D. v. State (In re J.D. and V.D.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of J.D. and V.D., persons under eighteen years of age. W.D., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20070002-CA F I L E D (March 1, 2007) 2007 UT App 70 ----Seventh District Juvenile, Castle Dale Department, 970560, 510555 The Honorable Scott N. Johansen Attorneys: Neil Skousen, Orem, 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, Billings, and Davis. PER CURIAM: W.D. (Father) appeals from a juvenile court order terminating reunification services. Because the order appealed is not a final order, this court lacks jurisdiction and must dismiss the appeal. This court has previously held that certain types of permanency orders are not final appealable orders. See In re A.F., 2006 UT App 200,¶10, 138 P.3d 65, cert. granted, No. 20060648-SC, 2006 Utah LEXIS 190 (Utah Sept. 20, 2006). Permanency orders that terminate reunification services are interlocutory in nature because further action is clearly contemplated. See id. The order Father appeals from is just this type of order. As a result, this court lacks jurisdiction and must dismiss the appeal. See id. at ¶17. Dismissed. ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ Judith M. Billings, Judge ______________________________ James Z. Davis, Judge 20070002-CA 2

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