North Carolina General Statutes 150B-52. Appeal; stay of court’s decision
Terms Used In North Carolina General Statutes 150B-52
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
A party to a review proceeding in a superior court may appeal to the appellate division from the final judgment of the superior court as provided in N.C. Gen. Stat. § 7A-27 The scope of review to be applied by the appellate court under this section is the same as it is for other civil cases. In cases reviewed under N.C. Gen. Stat. § 150B-51(c), the court’s findings of fact shall be upheld if supported by substantial evidence. Pending the outcome of an appeal, an appealing party may apply to the court that issued the judgment under appeal for a stay of that judgment or a stay of the administrative decision that is the subject of the appeal, as appropriate. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1987, c. 878, s. 20; 2000-140, s. 94; 2000-190, s. 12.)