The Appellate Group

In re O.N.

In re O.N., 2024 UT App 27 (Per Curiam)

Child Welfare/Jurisdiction

Mother moved under Utah Rule of Appellate Procedure 23A to reinstate her appeal after it was dismissed for lack of jurisdiction because she did not sign the notice of appeal from a child welfare order. The Utah Court of Appeals denied the motion, holding:

  • The signature requirement is a jurisdictional element of a notice of appeal in a child welfare proceeding. 
  • Practice tip: Utah appellate courts lack jurisdiction over an appeal if the notice of appeal is not filed in strict compliance with Utah’s notice of appeal requirements. When an appellate court has never obtained jurisdiction over a case, then by definition no appeal was ever instated, and so it cannot be reinstated.
  • Practice tip: The Court noted that a rule change is pending that might provide for a different outcome in future cases that present circumstances similar to those in this case.

Read the full court opinion