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State of Utah in the Interest of J.D

Utah Court of Appeals
Feb 28, 2008
2008 UT App. 60 (Utah Ct. App. 2008)

Opinion

Case No. 20070979-CA.

Filed February 28, 2008. NOT FOR OFFICIAL PUBLICATION.

Appeal from the Second District Juvenile, Ogden Department, 980063 The Honorable Kathleen M. Nelson.

Jonathan B. Pace, Ogden, for Appellant.

Mark L. Shurtleff, Carol L.C. Verdoia, and John M. Peterson, Salt Lake City; and David W. Fureigh, Ogden, for Appellee.

Martha Pierce, Salt Lake City, Guardian Ad Litem.

Before Judges Thorne, Bench, and Billings.


MEMORANDUM DECISION


J.D. (Father) appeals the termination of his parental rights. Because this court lacks jurisdiction over the appeal, we dismiss it.

If an original notice of appeal is not signed by the parent, an amended notice of appeal must be filed within fifteen days of the original notice of appeal. See Utah R. App. P. 53(b). When an amended notice of appeal is not timely filed, the appeal must be dismissed for lack of jurisdiction. See In re J.J.L., 2005 UT App 322, ¶ 6, 119 P.3d 315.

Father did not sign the initial notice of appeal as required by rule 53(b). See Utah R. App. P. 53(b). Accordingly, Father was required to file an amended notice with his signature to perfect jurisdiction. Father filed his amended notice twenty days after the original notice of appeal was filed. Because Father failed to file a signed amended notice of appeal within fifteen days of filing his original notice, his amended notice of appeal is untimely and his appeal must be dismissed. See id.

Accordingly, Father's appeal is dismissed.

William A. Thorne Jr., Associate Presiding Judge, Russell W. Bench, Judge, Judith M. Billings, Judge.


Summaries of

State of Utah in the Interest of J.D

Utah Court of Appeals
Feb 28, 2008
2008 UT App. 60 (Utah Ct. App. 2008)
Case details for

State of Utah in the Interest of J.D

Case Details

Full title:State of Utah in the interest of J.D., a person under eighteen years of…

Court:Utah Court of Appeals

Date published: Feb 28, 2008

Citations

2008 UT App. 60 (Utah Ct. App. 2008)