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Attorney Misconduct Alleged

Sanctions

The defendants filed an opposition to my Writ of Prohibition, mischaracterizing the facts, minimizing my appeal as nothing more than dissatisfaction with “routine orders,” and falsely claiming I filed an amended complaint without leave of court—despite the fact that the court had already denied their motion to strike it. Their response was riddled with misleading…

March 11, 2025

Attorney Misconduct Alleged Civil Dispute Court of Appeals Plaintiff State Court

Proposed ROA & Failed RFAs

On March 5, I completed the Proposed Record on Appeal and served it to opposing counsel. For context, the Record on Appeal is a highly structured document that includes every relevant filing, order, and transcript from the trial court, organized in a very specific way so the Court of Appeals can understand the full context…

March 5, 2025

Attorney Misconduct Alleged Civil Dispute Court Order / Judgment Judicial Misconduct Alleged Law / Statute / Information Plaintiff State Court

Deem of Admissions

As I was preparing the record on appeal, I was reminded that the admissions were still unresolved—opposing counsel’s motion for extension of time had never been ruled on. Judge Davidian refused to rule on my motion to strike the extension or deem the admissions admitted. But under Rule 36(a), it didn’t matter—the admissions were already…

February 27, 2025

Attorney Misconduct Alleged Civil Dispute Defendants Law / Statute / Information Plaintiff State Court

New Attorney Appears

After Mr. McGraw withdrew, he failed to account for the February 3 admissions deadline, forcing the newly retained attorney to step in earlier than expected on January 31. I had previously filed a motion to continue during this timeframe due to being out of town for work, so the timing around substitution wasn’t coincidental. Under…

February 4, 2025

Attorney Misconduct Alleged Civil Dispute Court Order / Judgment Defendants Judicial Misconduct Alleged Law / Statute / Information Plaintiff State Court

Motion Hearing Leads to Misconduct & Appeal

This hearing was meant to address my emergency motion and clarify procedural issues caused by defendants' delays and inconsistent court orders. Despite Judge Walczyk being lead civil judge, I was pushed to the end of the docket, repeatedly talked over, and mischaracterized. She blamed me for case delays due to my appeal, ignoring that these…

January 30, 2025

Attorney Misconduct Alleged Civil Dispute Defendants Law / Statute / Information Plaintiff State Court

Motion to Continue – Some…

Frank decided to file another motion to continue on only my motions, but of course want to move forward with his. This is what the cover sheet looks like when you correctly file with it, but unfortunately the motion was procedurally flawed, lacked good cause under Rule 6(b), and failed to explain the…

January 24, 2025

Attorney Misconduct Alleged Civil Dispute Defendants Law / Statute / Information Plaintiff State Court

Motion for Extension on Discovery & Objection

With discovery being in a couple of days, specifically the interrogatories and documents. Instead of complying, defendants filed a Motion to Extend Discovery. I filed an objection to the because they failed to provide any specific reason for the extension as required under Rule 6(b) of the North Carolina Rules of Civil Procedure. Their…

January 24, 2025

Attorney Misconduct Alleged Civil Dispute Defendants Law / Statute / Information Plaintiff State Court

Motion to Compel Answer & Objection to Withdrawal

This was my first formal attempt to correct the growing procedural misconduct in the case, objecting to the defendants’ failure to file an answer and exposing, through emails, that opposing counsel was playing deliberate games with disclosure about new counsel. It was clear even then that they were intentionally creating procedural confusion to delay the…

January 23, 2025

Attorney Misconduct Alleged Civil Dispute Court Order / Judgment Defendants Judicial Misconduct Alleged Law / Statute / Information Plaintiff State Court

Motion Hearing = First Interlocutory Order on Appeal

The January 23 hearing fundamentally shaped everything that followed in my case and the amount of misconduct is too long to list. What should have been a day of progress instead became a shocking demonstration of procedural irregularities. The hearing was scheduled before Chief District Court Judge Eagles, who had sole authority to rule on…

January 23, 2025

Attorney Misconduct Alleged Civil Dispute Defendants Law / Statute / Information Plaintiff State Court

Motion to Withdraw

The very next day after I filed my Motion for Default Judgment, Frank submitted a Motion to Withdraw as Counsel — and this also violated procedure. As I noted in a previous filing, Rule 16 requires there to be justifiable cause for an attorney to withdraw from a case. This usually means there’s a serious…

January 17, 2025

Attorney Misconduct Alleged

Sanctions

Proposed ROA & Failed RFAs

Deem of Admissions

New Attorney Appears

Motion Hearing Leads to Misconduct & Appeal

Motion to Continue – Some…

Motion for Extension on Discovery & Objection

Motion to Compel Answer & Objection to Withdrawal

Motion Hearing = First Interlocutory Order on Appeal

Motion to Withdraw

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