Appealing to the Court of Appeals

On March 5, I properly served the Proposed Record on Appeal through the Wake County Superior Court’s Odyssey eFile and eServe system. Under Rule 26(c) and Rule 11(b), that triggered the 30-day clock for objections, making opposing counsel’s deadline April 4. I never heard from him, so on Monday, April 7, around noon, I served…

April 11, 20250Comments ByLessons of Charity

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, 20250Comments ByLessons of Charity

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, 20250Comments ByLessons of Charity

Attorney Misconduct Alleged Civil Dispute Court of Appeals Defendants Plaintiff

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, 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 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