On December 11, 2023 a
Summary Ejectment
was filed
involving a dispute between
Westdale Sabal Point Nc Llc,
and
Hatch, Shameka,
for Civil Magistrate Summary Ejectment
in the District Court of Mecklenburg County.
Preview
ue No.
STATE OF NORTH CAROLINA FILED
Judgment Abstract No.
DATE: January 29, 2024
(IME:4:55: 45 PM
In The General Court Of Justice
MECKLENBURG COUNTY District Court Division Small Claims
in late -
BY J. Wehunt
VERSUS NOTICE OF APPEAL
Na
TO DISTRICT COURT
ame ker
Name Of Second Defendant
Heth
G.S. 7A-228, 7A-230
TO THE CLERK OF SUPERIOR COURT:
whe defendant in the above-captioned action, hereby give written Notice of Appeal on the judgment entered. This Notice is given
|
ten (10) days after the date the judgment in this action was entered.
that today have served copies of this Notice to all parties involved in this action.
|
| understand that must pay to the Clerk of Superior Court the court costs for appeal within twenty (20) days after the magistrate rendered judgment
|
(ten (10) days in summary ejectment cases), unless am authorized to appeal as an indigent, or my appeal will be dismissed. If am the defendant, i also
| |
understand that in certain cases if wish to stay execution of the judgment, may be required to sign a bond and that the plaintiff may have an execution
| |
after ten 10 days if have not signed the
| ulre
ge.
Date Costs Paid Amount Of Court Costs Paid
$
Name Of Appealing Party 2 (if applicable) Signature Of Appealing Party 2 (if applicable)
MELA
NOTICE TO THE APPEALING PARTY
NOTICE OF APPEAL
If you did not give Notice of Appeal to the magistrate in open court at the time the judgment was rendered, you may file this written Notice of Appeal
with the clerk within ten (10) days after the judgment is entered. You have a right to request a trial by jury. If you do not ask for a jury trial, you will be
given a trial by a judge without a jury. You must mail or deliver copies of this form to all of the other parties. If you mail them before filing this form with
the Clerk, check the block in the body of the form indicating you have served the parties and fill out the back of the original of this form. If you mail
copies after filing this form with the Clerk, you must file a separate certification of service with the Clerk. You must file an answer to the allegation if the
complaint is a violation of G.S. 42-63 (criminal activity). G.S. 42-68(3).
MANDATORY ARBITRATION
Many counties have mandatory arbitration programs in which appeals from small claims court are heard by an arbitrator before they go to a district
court trial. You will be notified if your case is assigned for mandatory arbitration and, if so, what you must do.
COURT COSTS
Within ten (10) days after the magistrate's judgment is entered in a summary ejectment case, and within twenty (20) days in all other cases, you MUST
PAY to the clerk in cash the court costs for appealing the case, or your appeal will be dismissed. If you cannot afford to pay the appeal costs, you may
ask the clerk for the form to appeal as an indigent (AOC-G-106). You must file the form to appeal as an indigent within ten (10) days after the judgment
was entered. !f the appealing party petitions to qualify as an indigent, and the petition is denied, that party has an additional five (5) days to perfect the
appeal by paying the court costs.
STOPPING ENFORCEMENT OF JUDGMENT
Summary ejectment:
If you are a tenant appealing from a summary ejectment judgment entered against you and you wish to stay on the premises until the appeal is
heard, you must SIGN A BOND that you will pay your rent as it becomes due into the Clerk's office; you must PAY IN CASH the amount of rent in
arrears as determined by the magistrate; and if the judgment was entered more than five (5) days before the next rental payment is due, you may
also have to PAY IN CASH the prorated amount of rent due from the date the judgment was entered until the next rental payment is due. Ask the
clerk for the bond form (AOC-CVM-304) to allow you to stay on the premises. If you have not signed this bond and paid the prorated amount of cash
within ten (10) days after the judgment was entered, the landlord can ask to have the sheriff remove you from the premises even though the case is
being appealed.
Possession of personal property:
If the magistrate's judgment ordered you to return specific personal property to the other party and you wish to continue to hold that property until
the appeal is heard, you must sign a bond, signed by at least one surety, that you and the surety will pay any costs and damages if you do not
comply with the judgment of the district court. Ask the clerk for the bond form (AOC-CVM-906M). If you have not signed this bond within ten (10)
days after the judgment was entered, the other party can ask to have the sheriff take the property from you even though the case is being appealed.
Money judgment:
If money judgment has been entered against you, you do not need to sign a bond to stop enforcement. The judgment is automatically stayed until
a
the appeal is heard.
(Over)
AOC-CVM-303, Rev. 8/17
©2017 Administrative Office of the Courts
NOTICE TO PARTY NOT APPEALING
If the appealing party has not asked for a jury trial and you wish to have a jury rather than a judge without a jury try your case, you must file a written
request for a trial by jury with the clerk within ten (10) days after receiving this Notice and within the same amount of time, you must mail copies of your
written request to the other parties. See section on Mandatory Arbitration on Side One of this form
CERTIFICATE OF SERVICE
by:
depositing a copy enclosed in a postpaid properly-addresséd envelope in a post office or official depository under the exclusive care and custody of
the U.S. Postal Service directed to the
defendant ]defendant's attorney
[-tplaintift O plaintiff's attorney
[] delivering a copy personally to the
defendant defendant's attomey
O plaintit [ ] plaintiff's attomey
[]leavinga copy at the
[defendant's attomey's office with a partner or employee
o plaintiffs attorney's office with a partner or employee
O Other.
al
elivered
Name Of Person Serving Notice Of Appeal (type or print)
wed in FEC
)20/2 Sola l Pome Pr Title
NC, Z
Name And Mailing Address Of Appealing Party 1
Name And Mailing Address Of Appealing Party 2 (if applicable)
AOC-CVM-303 Side Two, Rev. 817
© 2017 Administrative Office of the Cot
Document Filed Date
January 29, 2024
Case Filing Date
December 11, 2023
Category
Civil Magistrate Summary Ejectment
Status
Small Claims Appeal
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
ue No. STATE OF NORTH CAROLINA FILED Judgment Abstract No. DATE: January 29, 2024 (IME:4:55: 45 PM In The General Court Of Justice MECKLENBURG COUNTY District Court Division Small Claims in late - BY J. Wehunt VERSUS NOTICE OF APPEAL Na TO DISTRICT COURT ame ker Name Of Second Defendant Heth G.S. 7A-228, 7A-230 TO THE CLERK OF SUPERIOR COURT: whe defendant in the above-captioned action, hereby give written Notice of Appeal on the judgment entered. This Notice is given | ten (10) days after the date the judgment in this action was entered. that today have served copies of this Notice to all parties involved in this action. | | understand that must pay to the Clerk of Superior Court the court costs for appeal within twenty (20) days after the magistrate rendered judgment | (ten (10) days in summary ejectment cases), unless am authorized to appeal as an indigent, or my appeal will be dismissed. If am the defendant, i also | | understand that in certain cases if wish to stay execution of the judgment, may be required to sign a bond and that the plaintiff may have an execution | | after ten 10 days if have not signed the | ulre ge. Date Costs Paid Amount Of Court Costs Paid $ Name Of Appealing Party 2 (if applicable) Signature Of Appealing Party 2 (if applicable) MELA NOTICE TO THE APPEALING PARTY NOTICE OF APPEAL If you did not give Notice of Appeal to the magistrate in open court at the time the judgment was rendered, you may file this written Notice of Appeal with the clerk within ten (10) days after the judgment is entered. You have a right to request a trial by jury. If you do not ask for a jury trial, you will be given a trial by a judge without a jury. You must mail or deliver copies of this form to all of the other parties. If you mail them before filing this form with the Clerk, check the block in the body of the form indicating you have served the parties and fill out the back of the original of this form. If you mail copies after filing this form with the Clerk, you must file a separate certification of service with the Clerk. You must file an answer to the allegation if the complaint is a violation of G.S. 42-63 (criminal activity). G.S. 42-68(3). MANDATORY ARBITRATION Many counties have mandatory arbitration programs in which appeals from small claims court are heard by an arbitrator before they go to a district court trial. You will be notified if your case is assigned for mandatory arbitration and, if so, what you must do. COURT COSTS Within ten (10) days after the magistrate's judgment is entered in a summary ejectment case, and within twenty (20) days in all other cases, you MUST PAY to the clerk in cash the court costs for appealing the case, or your appeal will be dismissed. If you cannot afford to pay the appeal costs, you may ask the clerk for the form to appeal as an indigent (AOC-G-106). You must file the form to appeal as an indigent within ten (10) days after the judgment was entered. !f the appealing party petitions to qualify as an indigent, and the petition is denied, that party has an additional five (5) days to perfect the appeal by paying the court costs. STOPPING ENFORCEMENT OF JUDGMENT Summary ejectment: If you are a tenant appealing from a summary ejectment judgment entered against you and you wish to stay on the premises until the appeal is heard, you must SIGN A BOND that you will pay your rent as it becomes due into the Clerk's office; you must PAY IN CASH the amount of rent in arrears as determined by the magistrate; and if the judgment was entered more than five (5) days before the next rental payment is due, you may also have to PAY IN CASH the prorated amount of rent due from the date the judgment was entered until the next rental payment is due. Ask the clerk for the bond form (AOC-CVM-304) to allow you to stay on the premises. If you have not signed this bond and paid the prorated amount of cash within ten (10) days after the judgment was entered, the landlord can ask to have the sheriff remove you from the premises even though the case is being appealed. Possession of personal property: If the magistrate's judgment ordered you to return specific personal property to the other party and you wish to continue to hold that property until the appeal is heard, you must sign a bond, signed by at least one surety, that you and the surety will pay any costs and damages if you do not comply with the judgment of the district court. Ask the clerk for the bond form (AOC-CVM-906M). If you have not signed this bond within ten (10) days after the judgment was entered, the other party can ask to have the sheriff take the property from you even though the case is being appealed. Money judgment: If money judgment has been entered against you, you do not need to sign a bond to stop enforcement. The judgment is automatically stayed until a the appeal is heard. (Over) AOC-CVM-303, Rev. 8/17 ©2017 Administrative Office of the Courts NOTICE TO PARTY NOT APPEALING If the appealing party has not asked for a jury trial and you wish to have a jury rather than a judge without a jury try your case, you must file a written request for a trial by jury with the clerk within ten (10) days after receiving this Notice and within the same amount of time, you must mail copies of your written request to the other parties. See section on Mandatory Arbitration on Side One of this form CERTIFICATE OF SERVICE by: depositing a copy enclosed in a postpaid properly-addresséd envelope in a post office or official depository under the exclusive care and custody of the U.S. Postal Service directed to the defendant ]defendant's attorney [-tplaintift O plaintiff's attorney [] delivering a copy personally to the defendant defendant's attomey O plaintit [ ] plaintiff's attomey []leavinga copy at the [defendant's attomey's office with a partner or employee o plaintiffs attorney's office with a partner or employee O Other. al elivered Name Of Person Serving Notice Of Appeal (type or print) wed in FEC )20/2 Sola l Pome Pr Title NC, Z Name And Mailing Address Of Appealing Party 1 Name And Mailing Address Of Appealing Party 2 (if applicable) AOC-CVM-303 Side Two, Rev. 817 © 2017 Administrative Office of the Cot