# Nantz v. Employment Security Commission

> Court of Appeals of North Carolina · March 3, 1976 · 28 N.C. App. 626

URL: https://www.frixlaw.com/law-library/cases/9588828

## Case

- **Full name:** BETTY THORNE NANTZ, Petitioner v. EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA AND THE NORTH CAROLINA STATE BOARD OF PERSONNEL, Respondents
- **Court:** Court of Appeals of North Carolina
- **Decided:** March 3, 1976
- **Citations:** 28 N.C. App. 626; 222 S.E.2d 474; 1976 N.C. App. LEXIS 2788
- **Precedential status:** Published
- **Opinion:** Dissent by Vaughn
- **Judges:** Clark, Martin, Vaughn
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9588828

## How later opinions describe it (automated extraction)

- 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…

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9588828. Public record. Not legal advice.