Motion Hearing = First Interlocutory Order on Appeal

The January 23 hearing fundamentally shaped everything that followed in my case and the amount of misconduct is too long to list. What should have been a day of progress instead became a shocking demonstration of procedural irregularities. The hearing was scheduled before Chief District Court Judge Eagles, who had sole authority to rule on…

January 23, 20250Comments ByLessons of Charity

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

Motion to Withdraw

The very next day after I filed my Motion for Default Judgment, Frank submitted a Motion to Withdraw as Counsel — and this also violated procedure. As I noted in a previous filing, Rule 16 requires there to be justifiable cause for an attorney to withdraw from a case. This usually means there’s a serious…

January 17, 20250Comments ByLessons of Charity

Civil Dispute Law / Statute / Information Plaintiff State Court

Motion for Default Judgement

On January 16, I should have won this case — it should have been over. When a defendant fails to file an answer by the deadline, the case moves into default, meaning I was entitled to default judgment under the rules. Frank’s Motion to Strike hadn’t been ruled on yet, and it was clearly procedurally…

January 16, 20250Comments ByLessons of Charity

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

Motion to Strike Complaint & Objection

Instead of filing an answer like required, Frank McGraw, in a desperate move, filed a Motion to Strike under Rule 12(f) and tried to claim that doing so automatically extended their time to answer by 20 days — which is factually incorrect. Under the law, filing a Rule 12 motion only extends the deadline if…

January 15, 20250Comments ByLessons of Charity

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

Motion & Objection to Extension of Time

Right around the time the defendants' answer was due in district court, the procedural games began. On January 9, Frank emailed me for the first time stating that Anna was looking for new counsel — without explaining why. He claimed she had been searching since December 16, but I didn't take it seriously. If she…

January 13, 20250Comments ByLessons of Charity

Civil Dispute Law / Statute / Information State Court

Amended Complaint V2 & Outline of Events

I didn’t change anything in the claim itself; I only updated the rent abatement and loss of work amounts. I also provided the court with supplemental documentation outlining what would be discussed. The opposing party didn’t receive these items until the morning of the hearing, which I did intentionally. I was not required to provide…

August 24, 20240Comments ByLessons of Charity

Civil Dispute Law / Statute / Information State Court

Response & Amended Complaint

After the improper motion was filed, I notified the court of the violation and refiled my complaint with full details and events to protect my case. I didn’t have to do this, but given the circumstances, I felt it was necessary. I also removed the request for the security deposit because I later realized it…

August 21, 20240Comments ByLessons of Charity

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

(First) Motion to Dismiss

Violation: Improper filing A common tactic used to intimidate pro se litigants. This Motion was never ruled on or withdrawn. ref. NC GS $ 7A-216 below. The only reason a case is dismissed in NC Small Claims is failure of service or lack of jurisdiction (filing in the wrong county). NC…

August 19, 20240Comments ByLessons of Charity

Motion Hearing = First Interlocutory Order on Appeal

Motion to Withdraw

Motion for Default Judgement

Motion to Strike Complaint & Objection

Motion & Objection to Extension of Time

Amended Complaint V2 & Outline of Events

Response & Amended Complaint

(First) Motion to Dismiss

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