Opinion
Case No. 20010685-CA.
Filed October 25, 2001. (Not For Official Publication)
Appeal from the Eighth District Juvenile, Vernal Department, The Honorable Larry A. Steele.
Karen Allen, Duchesne, for Appellant.
Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee.
Before Judges Greenwood, Jackson, and Bench.
MEMORANDUM DECISION
This case is before the court on the State's motion for summary dismissal for lack of jurisdiction pursuant to Rule 10(a)(1) of the Utah Rules of Appellate Procedure. Appellant has not filed a response to the motion.
Rule 4(a) of the Utah Rules of Appellate Procedure provides that "the notice of appeal . . . shall be filed with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from." In this case, the juvenile court entered an order terminating appellant's parental rights on June 29, 2001. Appellant filed a notice of appeal on July 31, 2001, thirty-two days after the court entered the final order. "If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal." Serrato v. Utah Transit Auth., 2000 UT App 299,¶ 7, 13 P.3d 616; see also In re M.S., 781 P.2d 1287, 1288 (Utah Ct.App. 1989) ("In determining whether a notice of appeal is timely filed and establishes jurisdiction in an appellate court, this court must be bound by the filing date indicated on the notice of appeal transmitted to it by the trial court."). Consequently, because appellant filed her notice of appeal more than thirty days after the entry of the final judgment, this court lacks jurisdiction over the appeal.
The State's motion for summary dismissal is granted and the appeal is dismissed for lack of jurisdiction.
Pamela T. Greenwood, Presiding Judge
Norman H. Jackson, Associate Presiding Judge
Russell W. Bench, Judge