Legal Opinion

In re the Suspension of the Right to Practice Law of Palmer

Court of Appeals of North Carolina

Decided July 11, 1978No. 7725SC742Published

1Opinion of the Court

HEDRICK, Judge.

Our initial inquiry is directed to the question of whether the State can obtain by appeal or writ of certiorari appellate review of a judicial disbarment proceeding.

As frequently stated by the courts of this State, appellate review is not an inherent right but is derived from statute. In re Assessment of Sales Tax, 259 N.C. 589, 131 S.E. 2d 441 (1963). Furthermore, the State as a party in a civil or criminal case has no right to appeal an adverse decision of the trial court in the absence of express statutory authorization. In re Assessment of Sales Tax, supra; State v.…

2Cases cited7 opinions

  1. In Re the Assessment of Additional Sales & Use Taxes Against Halifax Paper Co.Supreme Court of North Carolina · 1963
  2. State v. . SpiveySupreme Court of North Carolina · 1938
  3. In Re StiersSupreme Court of North Carolina · 1933
  4. State v. . McCollumSupreme Court of North Carolina · 1940
  5. State v. . ToddSupreme Court of North Carolina · 1944

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