No one else has that right. In the case of Unzelman v. City of Sioux Falls, 65 S.D. 266, 272 N.W. 825, an attorney attempted to appeal from the ruling of the industrial commissioner fixing his fees. The court denied his right to appeal and in so doing said: "The right of appeal in this state is purely statutory. . . [T]his section [the predecessor of SDCL 62-7-19] grants the right of appeal only to an `employer or employee.'"
See State v. Schwaller , 2006 S.D. 30, ¶ 5, 712 N.W.2d 869, 871. The issue whether an appeal can lie presents a jurisdictional question, Unzelman v. City of Sioux Falls , 65 S.D. 266, 272 N.W. 825, 826 (1937), which we review de novo, Grajczyk v. Tasca , 2006 S.D. 55, ¶ 8, 717 N.W.2d 624, 627. "The test for determining jurisdiction is ordinarily the nature of the case, as made by the complaint, and the relief sought." See Lippold v. Meade Cty. Bd. of Comm'rs , 2018 S.D. 7, ¶ 17, 906 N.W.2d 917, 922. "No right to appeal an administrative decision to circuit court exists unless the South Dakota Legislature enacts a statute creating that right.
See State v. Schwaller, 2006 S.D. 30, ¶ 5, 712 N.W.2d 869, 871. The issue whether an appeal can lie presents a jurisdictional question, Unzelman v. City of Sioux Falls, 65 S.D. 266, 272 N.W. 825, 826 (1937), which we review de novo, Grajczyk v. Tasca, 2006 S.D. 55, ¶ 8, 717 N.W.2d 624, 627. "The test for determining jurisdiction is ordinarily the nature of the case, as made by the complaint, and the relief sought."
In only two cases cited by the parties was the attorney denied the right to review. In Unzelman v. City of Sioux Falls, 65 S.D. 266, 272 N.W. 825, the right of appeal was given only to the "employer or employee." In Cranston v. Industrial Com. 246 Wis. 287, 16 N.W.2d 865, the right of appeal applied only to "orders denying or awarding compensation.