Opinion

State ex rel. Hunt v. North Carolina Reinsurance Facility

  • 49 N.C. App. 206
  • 271 S.E.2d 302
  • 1980 N.C. App. LEXIS 3381
Court
Court of Appeals of North Carolina
Filed
Oct 21, 1980
Status
Published
Author
Hedrick
On the bench
Erwin, Hedrick, Wells
Cited by
3 cases
Authority
More cited than 18.9%

Reversed on other grounds by State v. North Carolina Reinsurance Facility, 302 N.C. 274 (1981)

governor had standing to bring declaratory judgment action to seek determination of legality of state reinsurance facility’s activity since “the Governor’s constitutional powers, duties, and obligations to the people of North Carolina generally ... constitutes significant interest in the controversy.”

How later courts described this case

  • governor had standing to bring declaratory judgment action to seek determination of legality of state reinsurance facility’s activity since “the Governor’s constitutional powers, duties, and obligations to the people of North Carolina generally ... constitutes significant interest in the controversy.”

Written by the judges who cited it.

The opinion

Judge Hedrick

dissenting:

In my opinion, the appeal should be dismissed since it is from the denial of a preliminary injunction, and no substantial right of the plaintiffs’ will be lost if the appeal is not determined before a final hearing on the merits. Pruitt v. Williams, 288 N.C. 368 , 218 S.E. 2d 348 (1975).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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