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, 20250Comments ByLessons of Charity

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, 20250Comments ByLessons of Charity

Civil Dispute Defendants Law / Statute / Information

Obstructed Discovery

Despite the case being under interlocutory appeal and discovery already being implicated in the review, opposing counsel served discovery responses that were riddled with boilerplate objections, irrelevant denials, and evasive answers. Nearly every interrogatory was met with blanket claims of irrelevance, undue burden, or privilege—without a proper privilege log—and in some cases, they objected and…

February 25, 20250Comments ByLessons of Charity

Civil Dispute Court of Appeals Law / Statute / Information Plaintiff

Prohibition

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…

February 21, 20250Comments ByLessons of Charity

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, 20250Comments ByLessons of Charity

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, 20250Comments ByLessons of Charity

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, 20250Comments ByLessons of Charity

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, 20250Comments ByLessons of Charity

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, 20250Comments ByLessons of Charity

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…