Opinion

Nantz v. Employment Security Commission

  • 28 N.C. App. 626
  • 222 S.E.2d 474
  • 1976 N.C. App. LEXIS 2788
Court
Court of Appeals of North Carolina
Filed
Mar 3, 1976
Status
Published
Author
Vaughn
On the bench
Clark, Martin, Vaughn
Cited by
10 cases

holding that "[a] litigant may not remain mute in an administrative hearing, await the outcome of the agency decision, and, if it is unfavorable, then attack it on the ground of asserted procedural defects not called to the agency's attention when, if in fact they were defects, they would have been correctible"

How later courts described this case

  • holding that "[a] litigant may not remain mute in an administrative hearing, await the outcome of the agency decision, and, if it is unfavorable, then attack it on the ground of asserted procedural defects not called to the agency's attention when, if in fact they were defects, they would have been correctible"
  • “[a] litigant may not remain mute in an administrative hearing, await the outcome of the agency decision, and, if it is unfavorable, then attack it on the ground of asserted procedural defects not called to the agency’s attention... .”

Written by the judges who cited it.

The opinion

Judge Vaughn

dissenting.

In my opinion the Superior Court did not have jurisdiction to act on the “Petition” in this case. The appeal should be dismissed.

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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