R.L.F. v. State (In re A.F.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of A.F., a person under eighteen years of age. ______________________________ R.L.F., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080054-CA F I L E D (April 10, 2008) 2008 UT App 132 ----Second District Juvenile, Ogden Department, 516485 The Honorable Kathleen M. Nelson Attorneys: Sharon S. Sipes, Ogden, for Appellant Mark L. Shurtleff and Carol L.C. Verdoia, Salt Lake City, for Appellee Martha Pierce, Salt Lake City, Guardian Ad Litem ----- Before Judges Bench, Davis, and McHugh. PER CURIAM: R.L.F. (Father) appeals the termination of his parental rights. Father appeared in the juvenile court on December 20, 2007, where he executed a petition for voluntary relinquishment of his parental rights in open court. Also on December 20, 2007, the juvenile court entered an Order and Decree Terminating Parental Rights. On January 15, 2008, Father filed a pro se notice of appeal from the order terminating his parental rights. "A notice of appeal from an order in a child welfare proceeding . . . must be filed within 15 days of the entry of the order appealed from." Utah R. App. P. 52(a). Accordingly, the time for filing a notice of appeal from the December 20, 2007 termination order expired fifteen days later on January 4, 2008. Father's notice of appeal was filed more than fifteen days after entry of the order terminating his parental rights; therefore, it was untimely. Based on the untimely notice of appeal, this court lacks jurisdiction to consider the appeal and must dismiss it. See In re A.M., 2005 UT App 2, ¶ 5, 106 P.3d 193. Accordingly, we dismiss the appeal for lack of jurisdiction. ______________________________ Russell W. Bench, Judge ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge 20080054-CA 2

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