What is the name of your state (only U.S. law)? North Carolina
I was a defendant in a negligent entrustment lawsuit that was dismissed voluntarily after I fired my attorney and filed a motion for summary judgment.
Due to an obvious lack of pre-filing inquiries by the Plaintiff's attorney and filing of a false affidavit by the same attorney, I filed a motion for rule 11 sanctions after voluntary dismissal. The unopposed motion was denied and the findings of fact in the order specifically excluded all facts I setout in my motion which were legitimate and supported by evidence...the findings of fact basically ensured no santionable conduct could be found. I must appeal on what I can only describe as clear abuse of discretion at a minimum.
Can I appeal an order denying Rule 11 sanctions from district court division directly to court of appeals or should I first appeal to superior court to see if they will vacate or modify the order and then appeal from Superior Court to the Court of Appeals if I'm not happy with the outcome?
I was a defendant in a negligent entrustment lawsuit that was dismissed voluntarily after I fired my attorney and filed a motion for summary judgment.
Due to an obvious lack of pre-filing inquiries by the Plaintiff's attorney and filing of a false affidavit by the same attorney, I filed a motion for rule 11 sanctions after voluntary dismissal. The unopposed motion was denied and the findings of fact in the order specifically excluded all facts I setout in my motion which were legitimate and supported by evidence...the findings of fact basically ensured no santionable conduct could be found. I must appeal on what I can only describe as clear abuse of discretion at a minimum.
Can I appeal an order denying Rule 11 sanctions from district court division directly to court of appeals or should I first appeal to superior court to see if they will vacate or modify the order and then appeal from Superior Court to the Court of Appeals if I'm not happy with the outcome?