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State Court

Request for Judicial Review

On April 16, 2025, the defendants filed a Request for Judicial Settlement of the Record on Appeal under Rule 11(c), but their request went far beyond what the rule permits. Rule 11(c) allows the trial court to resolve disputes over the narrative of the record—factual disagreements or clarifications about what happened procedurally—not to decide what…

April 16, 2025

Attorney Misconduct Alleged Civil Dispute Court of Appeals Defendants State Court

Motion to Transfer Venue

After I filed a detailed Motion for Sanctions and a Motion for Leave to Reply in the Court of Appeals, opposing counsel doubled down by responding in a hostile, condescending tone—continuing to misrepresent both the procedural record and the law. Their response to my Motion for Sanctions accused me of filing premature appeals for the…

March 26, 2025

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

Counterclaim

On March 14, 2025—despite the automatic stay being in effect—opposing counsel filed a new Motion to Dismiss and an Answer with Counterclaims, all while fully aware that jurisdiction had shifted to the Court of Appeals. This was not only improper under N.C. Gen. Stat. § 1-294, but procedurally abusive. The motion to dismiss was…

March 17, 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

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

Order Required in the Court

After I was told by the court to appear at a Webex hearing on February 14 following the previous day's proceeding, I emailed the trial court administrator to confirm the hearing and explain that I had filed both an Objection to the Improperly Noticed Hearing and a Writ of Supersedeas and Motion to Stay with…

February 17, 2025

Civil Dispute Court of Appeals Defendants Law / Statute / Information Plaintiff State Court

Automatically Denied

Honestly, I’m not even sure if I can call this a hearing—it was a complete mess from start to finish. Before the hearing, I had emailed opposing counsel the contract for transcripts of the other hearing as required for my interlocutory appeal and followed up on the notice of appeal. Although he acknowledged receiving…

February 13, 2025

Civil Dispute Court of Appeals Law / Statute / Information Plaintiff State Court

Notice of Interlocutory Appeal

After filing a motion to strike the defective extension on admissions, I immediately requested a hearing for that same week so the admissions could be deemed admitted before the February 13 hearing. If granted, that would have effectively resolved the case since the admissions covered every claim. Although the court denied my request for an…

February 10, 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

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

Amended Rule 2.1 Order

On January 30, 2025, Chief District Court Judge Eagles denied my motion to have the case designated as an exceptional civil case under Rule 2.1, stating that the claims weren’t complex and there weren’t enough parties to warrant the designation—even though this was the very same case where defendants were allowed to delay proceedings to…

January 30, 2025