After the Court of Appeals denied my Motion to Stay and Writ of Supersedeas, I was frustrated because it didn’t make sense—why wouldn’t they protect my rights? But after doing more research, I learned that this is common when an automatic stay is already in effect under N.C. Gen. Stat. § 1-294, because the appellate court expects the trial court to follow the law without interference.
Still, this kind of hands-off approach just creates more harm for people like me, especially when the trial court is clearly ignoring the stay. That’s why I had to take the next step and file a Writ of Prohibition—an extraordinary remedy used only when there are no other options left. I could’ve filed a motion to reconsider the judge’s ruling, but given the level of bias and inaccuracy in his order, I had no faith it would be ruled on fairly or timely. At that point, I had exhausted every reasonable channel.
If the court continued issuing orders or holding hearings during the stay, I would’ve had to keep amending my appeal every time, and participating in any part of the case could have made it look like I was waiving the stay—forcing me to fight blindfolded with my hands tied behind my back just to protect my rights.
*Note: the attached writ doesn’t include the exhibits for file size saving and they have already been provided in the other events