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State v. State

Utah Court of Appeals
Mar 24, 2011
259 P.3d 1062 (Utah Ct. App. 2011)

Opinion

No. 20110117-CA.

March 24, 2011.

Third District Juvenile, West Jordan Department, 1018996; The Honorable Christine S. Decker.

A.C., Draper, for Appellant Pro Se.

Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee.

Before Judges ORME, THORNE, and CHRISTIANSEN.


DECISION


¶ 1 A.C. (Mother) seeks to appeal the termination of her parental rights pursuant to her voluntary relinquishment entered on December 3, 2010.

¶ 2 Pursuant to rule 52(a) of the Utah Rules of Appellate Procedure, the time for filing an appeal from a child welfare matter is fifteen days from the entry of the order appealed. See Utah R.App. P. 52(a). The filing time may be extended only by motion filed before the initial appeal time has run. See id., R. 59(a). These time frames and requirements cannot be suspended or extended. See id. R. 2.

¶ 3 The order formally terminating Mother's parental rights was entered on December 3, 2010, after she relinquished her rights. Mother filed a letter construed as a notice of appeal on January 27, 2011, beyond the time to file an appeal. Where an appeal is not timely filed, this court lacks jurisdiction over the appeal and must dismiss it. See Serrato v. Utah Transit Auth., 2000 UT App 299, ¶ 7, 13 P.3d 616.

¶ 4 Dismissed.


Summaries of

State v. State

Utah Court of Appeals
Mar 24, 2011
259 P.3d 1062 (Utah Ct. App. 2011)
Case details for

State v. State

Case Details

Full title:STATE of Utah, in the interest of K.C. and A.C., persons under eighteen…

Court:Utah Court of Appeals

Date published: Mar 24, 2011

Citations

259 P.3d 1062 (Utah Ct. App. 2011)
2011 UT App. 92