Opinion
Case No. 20060206-CA.
Filed June 2, 2006. (Not For Official Publication).
Appeal from Third District Juvenile, Salt Lake Department, 441655 The Honorable Sharon P. McCully.
Gary L. Bell, South Jordan, and Candice Ragsdale-Pollack, 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.
MEMORANDUM DECISION
V.R. (Mother) appeals the termination of her parental rights. We dismiss the appeal.
The State filed a motion for summary disposition, asserting a lack of jurisdiction. The State's motion is denied.
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 after its due date under rule 55(a). Pursuant to rule 55(a), if a petition is not timely filed, "the appeal shall be dismissed." Id.
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.
Accordingly, this appeal is dismissed.
Pamela T. Greenwood, Associate Presiding Judge, Carolyn B. McHugh, Judge, and Gregory K. Orme, Judge.