Legal Opinion · Dissent

Lathon v. Cumberland County

Court of Appeals of North Carolina

Decided June 19, 2007No. COA06-912Published

1DissentTyson, Judge

The majority’s opinion ignores binding precedent from this Court that the Commission’s opinion and award is void when entered after *73the expiration of two of the Commissioner’s terms. Coppley v. PPG Industries, Inc., 142 N.C. App. 196, 541 S.E.2d 743 (2001); Estes v. N.C. State Univ., 117 N.C. App. 126, 449 S.E.2d 762 (1994). Neither of these precedents have been overturned by our Supreme Court. “Where a panel of the Court of Appeals has decided the same issue, albeit in a different case, a subsequent panel of the same court is bound by that precedent, unless it has been overturned by a higher…

2Cases cited7 opinions

  1. In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
  2. In re T.R.P.Supreme Court of North Carolina · 2006
  3. State v. JonesSupreme Court of North Carolina · 2004
  4. Boyles v. BoylesSupreme Court of North Carolina · 1983
  5. Estes v. N.C. State UniversityCourt of Appeals of North Carolina · 1994

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