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 early hearing, she agreed to add it to the February 13 calendar.
Around the same time, the new attorney informed me he planned to file a motion to continue trial for personal reasons and because he needed more time to review the case. I told him I would not consent, since substitution of counsel is not valid cause to delay trial, and I wouldn’t allow his schedule to derail my rights. At that point, I realized I was facing another bad faith attorney and that the February 13 hearing was risky—not because I did anything wrong, but because I couldn’t trust the court to enforce the rules.
Meanwhile, I still hadn’t heard back from HUD, and based on how that complaint had been handled, I no longer trusted that avenue either. After researching, I learned I had the right to file an interlocutory appeal in North Carolina when my substantial rights had been violated—especially when further proceedings could cause irreversible harm. I could have filed one much earlier, but I was genuinely trying to give the court the opportunity to correct the record itself. But after the January 30 hearing before the lead civil judge, I knew that wasn’t going to happen.
I filed my Notice of Appeal on February 10, listing the specific rights violations and referencing N.C. Gen. Stat. § 1-294, which triggered an automatic stay on the case. I also filed a Motion to Stay—not because I needed court approval under N.C. Gen. Stat. § 1-294, but as an extra precaution in case the court later tried to deny or ignore the automatic stay. I didn’t request a hearing on that motion because one wasn’t required, but this becomes important later, as the court’s handling of the stay further illustrates the ongoing disregard for proper procedure in my case.
I immediately notified the trial court administrator and asked for the February 13 hearing to be vacated. She told me to simply appear and give the judge an update, which I planned to do—especially since opposing counsel never responded to my email, and I didn’t want him to later claim he hadn’t been notified.
NC GS § 1‑277. Appeal from superior or district court judge.
(a) An appeal may be taken from every judicial order or determination of a judge of asuperior or district court, upon or involving a matter of law or legal inference, whether made in or out of session, that affects a substantial right claimed in any action or proceeding; or that in effect determines the action and prevents a judgment from which an appeal might be taken; or discontinues the action or grants or refuses a new trial.
(b) Any interested party has the right of immediate appeal from an adverse ruling as to the jurisdiction of the court over the person or property of the defendant, or the party may preserve the party’s objection for determination upon any subsequent appeal in the cause.
NC GS § 1‑294. Scope of stay; security limited for fiduciaries.
When an appeal is perfected as provided by this Article it stays all further proceedings in the court below upon the judgment appealed from, or upon the matter embraced therein, unless otherwise provided by the Rules of Appellate Procedure; but the court below may proceed upon any other matter included in the action and not affected by the judgment appealed from. The court below may, in its discretion, dispense with or limit the security required, when the appellant is an executor, administrator, trustee, or other person acting in a fiduciary capacity. It may also limit such security to an amount not more than fifty thousand dollars ($50,000), where it would otherwise exceed that sum.