R.F. v. State (In re H.F.)

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of H.F., a person under eighteen years of age. ______________________________ R.F., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20100672-CA F I L E D (October 15, 2010) 2010 UT App 282 ----Fifth District Juvenile, St. George Department, 1019648 The Honorable Thomas M. Higbee Attorneys: R.F., Provo, Appellant Pro Se ----- Before Judges Orme, Thorne, and Christiansen. PER CURIAM: R.F. (Mother) appeals from the juvenile court's order dated January 26, 2010, placing H.F. in the custody of her father and terminating protective supervision services. We dismiss the appeal based upon lack of jurisdiction. "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). The time for filing a child welfare appeal may be extended only by motion filed before the expiration of the original fifteen-day filing period. See id. R. 59(a). These time frames cannot be suspended or extended. See id. R. 2. The order from which Mother appeals was entered on January 26, 2010. Accordingly, to the extent that the order could be considered a final, appealable order, Mother was required to file her notice of appeal no later than fifteen days after that date, i.e., February 10, 2010. Mother did not file a notice of appeal with the juvenile court until August 9, 2010. Therefore, the notice of appeal was untimely. Based upon the untimely notice of appeal, this court lacks jurisdiction over this appeal and must therefore dismiss it. See In re A.M., 2005 UT App 2, ¶ 5, 106 P.3d 193 (mem.) (per curiam). ______________________________ Gregory K. Orme, Judge ______________________________ William A. Thorne Jr., Judge ______________________________ Michele M. Christiansen, Judge 20100672-CA 2

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