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State of Utah, in the interest of C.V. and J.V., persons under eighteen years of age. J.V., Appellant, v. State of Utah, Appellee.

MEMORANDUM DECISION

PER CURIAM:

J.V. (Mother) appeals from the juvenile court's order dated February 1, 2009, denying her motion to return custody of her children to her. We dismiss the appeal based upon lack of jurisdiction.

"A notice of appeal from an order in a child welfare proceeding . . . must be filed within 15 days of the entry of the order appealed from." Utah R. App. P. 52(a). The time for filing a child welfare appeal may be extended only by motion filed before the expiration of the original fifteen-day filing period. See id. R. 59(a). These time frames cannot be suspended or extended. See id. R. 2. The order from which Mother appeals was entered on February 1, 2009. Accordingly, Mother was required to file her notice of appeal no later than fifteen days after that date, i.e., February 17, 2009. Mother filed her notice of appeal with the juvenile court on March 2, 2009. Therefore, the notice of appeal was untimely.

February 16, 2009, was Presidents' Day. Accordingly, the notice of appeal could not have been filed on that date.

Based upon the untimely notice of appeal, this court lacks jurisdiction over this appeal and must therefore dismiss it. See In re A.M., 2005 UT App 2, ¶ 5, 106 P.3d 193 (mem.) (per curiam).

William A. Thorne Jr., Associate Presiding Judge, Russell W. Bench, Judge, Gregory K. Orme, Judge.

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IN INTEREST OF C.V. J.V
(May 7, 2009)