Raleigh, NC asked in Appeals / Appellate Law for North Carolina

Q: I won my case for eviction my ex was given 15 days to move she appeal can she stay while waiting on the new court date?

I own my house my ex-friend name isn't on anything she doesn't pay rent or any bills she do buy food every now and then we been living together for 5 years she doesn't clean and damage my home. I have ask here to move many times because of her drinking and drug problem the police have been called many times because of her two boys behavior toward me she has written checks without my permission and my bank has advised her they will press charges if it happens again. she also smokes in the home and I am a heart patient I just had two open heart surgerys and have a heart pump implanted i'm still in the hospital and will be discharge next week. I file eviction papers to have her remove the magister office granted my order and her 15 days was put in place she have now filed a appeal and I can't return to my home until my house is smoke free and cleaned my court day is the 14 of next month and I will have to live with one of my family members my question can she stay until than?

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1 Lawyer Answer
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Baltimore, MD

A: First, I am not a North Carolina lawyer. That being said, I think--unless there's an exception in NC law that I don't know about-- the filing of any appeal does not automatically stay the ruling or any order in the trial court (or any agency, etc.). The appellant must file a motion to stay. Unless your ex-friend has done that, she would have to follow any order still in place.

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