Legal Opinion

In re Grubbs

Court of Appeals of North Carolina

Decided March 19, 1975No. 7421SC1028PublishedCited by 1 opinion

1Opinion of the Court

CLARK, Judge.

It is established that the petitioner has the right to a full de novo review of respondent’s action in the superior court. However, “[o]n appeal and hearing de novo in superior court, that court is not vested with discretionary authority. It makes judicial review of the facts, and if it finds that the license of petitioner is in fact and in law subject to suspension . . . the order of the Department must be affirmed. ...” In Re Donnelly, 260 N.C. 375, 381, 132 S.E. 2d 904, 908 (1963).

The facts as found by the trial court are in exact conformity with the suspension provisions of…

2Cases cited1 opinion

  1. In Re DonnellySupreme Court of North Carolina · 1963

3Cited by1 opinion

  1. Smith v. WalshCourt of Appeals of North Carolina · 1977

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