Opinion
Case No. 20020283-CA.
Filed July 11, 2002. (Not For Official Publication)
Appeal from the First District Juvenile, Brigham City Department, The Honorable Larry E. Jones.
Roy D. Cole, Ogden, for Appellant.
Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee.
Martha Pierce, Salt Lake City, Guardian Ad Litem.
Before Judges Davis, Greenwood, and Orme.
MEMORANDUM DECISION
This case is before the court on its own motion for summary dismissal for a notice of appeal that did not appear to be timely. A notice of appeal must be filed within thirty days of entry of the final judgment.See Utah R. App. P. 4(a). Appellant filed a docketing statement in which she declared she was appealing a ruling entered February 6, 2002. Appellant filed her notice of appeal on April 2, 2002. Therefore, it appeared the notice of appeal was untimely. However, after receipt of the trial court record and the parties' responses to the court's motion, the record reflects the actual entry of the final judgment was made March 26, 2002. Therefore, the notice of appeal was timely filed.
Based on the forgoing, this court hereby withdraws its sua sponte motion for summary disposition, as the timely filing vests this court with jurisdiction over the appeal. The court will notify the parties upon setting a briefing schedule.
James Z. Davis, Judge, Pamela T. Greenwood, Judge, and Gregory K. Orme, Judge, concur.