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People in the Interest of B.H.

2022 COA 9. No. 21CA1604.  Dependency and Neglect—Termination of Parent-Child Legal Relationship—Post-Trial Motion—Tolling.

January 6, 2022

On July 7, 2021, the juvenile court entered an order terminating father’s parental rights. On July 22, father filed a CRCP 59 motion seeking post-trial relief from the termination judgment. The juvenile court did not rule on the motion before September 23, which is when the relief was deemed denied after 63 days under CRCP 59(j).

Father filed a notice of appeal from the July 7 termination judgment on October 13, 2021, more than 90 days after entry of the judgment and without any motion for extension of time or for leave to accept it out of time for good cause. The People filed a motion to dismiss the appeal with prejudice as untimely filed because it was not filed within 21 days after entry of the termination judgment. Father maintained that the notice was timely filed because the filing of his CRCP 59 motion tolled the time for filing the notice of appeal and the notice of appeal was filed within 21 days after the date the CRCP 59 motion was deemed denied.

This appeal is governed by C.A.R. 3.4(b)(1), which required that the notice of appeal to be filed within 21 days after the termination judgment. This deadline is not tolled by the filing of a C.R.C.P. 59 motion for relief from a termination judgment.

The appeal was dismissed with prejudice.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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