Rule 65 requires actual notice, which means personal service or at minimum certified mail with return receipt. Ms. Booker may have sent an email, but that doesn't constitute proper notice under the rules. Camille pulled another document from her binder. Your honor, may I approach?
Judge Hargrove waved her forward. Elliot stayed at his table, confident. She handed the judge two documents. The first was her certificate of service showing both email and certified mail.
The second was an email from Elliot's office confirming receipt. Your honor, this email is from Mr. Chandler's paralegal, Diane Foster, confirming receipt of all documents on October 11th at 2:37 p.m. Additionally, rule five of the North Carolina Rules of Civil Procedure explicitly permits email service when parties have consented to electronic service. The city attorney's office consented to email service when they filed their initial response in this matter, which included their email address for service. Judge Hargrove read both documents.
Elliot's expression tightened fractionally. I'll allow it, Judge Hargrove said finally. But Ms. Booker, in the future, when you're dealing with emergency matters, follow the most conservative interpretation of the rules. Better to overserve than underserve.
Understood, your honor. She returned to her table. Elliot was already standing again. Your honor, even if we accept that service was adequate, petitioner still lacks standing.
Mrs. Hughes signed a lease agreement that expressly waives her right to challenge eviction procedures. That waiver is binding. She gave up her statutory protections voluntarily when she signed the lease. Camille didn't need her notes for this.
She'd spent 6 hours researching this exact issue. Your honor, waiver clauses for statutory tenant protections are void as against public policy under Brown v. Kenir 175 North Carolina App. 68. The Court of Appeals held that tenants cannot wave statutory rights designed to protect them from exactly this kind of abuse.
The legislature created these protections because of the inherent power imbalance between landlords and tenants. Allowing landlords to contract around those protections would render the entire statutory scheme meaningless. Elliot checked his legal pad. Found nothing.
Camille saw the moment he realized she was right. The case was directly on point and he had no good response. Judge Hargrove leaned back in his chair. I'll take the matter under advisement.
Hearing continued to Friday, October 20th at 2 p.m. Your honor, Camille stood. Mrs. Hughes's eviction is scheduled for this Friday, October 13th, at 10:00 a.m.
Continuing the hearing until October 20th means she'll already be evicted 5 days before this court can rule. The TRO exists precisely to prevent irreparable harm while the court considers the merits. If Mrs. Hughes is evicted before the hearing.
The entire purpose of the TRO is defeated. Miss Booker, this court has a full docket. I can't rearrange my entire calendar because you filed an emergency motion at the last minute. Your honor, I filed within the time limits established by rule 65.
The emergency isn't of my making. It's created by the landlord's violation of the notice statute. And with respect, the statute requires this court to hold a hearing on a TRO within 14 days of filing. I'm asking for a hearing in 3 days, which is well within the statutory time frame.
Judge Hargrove's expression hardened. And I'm telling you, Miss Booker, that Friday, October 20th, is when this hearing will occur. If Mrs. Hughes needs relief before then, she can pay her back rent and avoid eviction entirely. Your honor, Mrs. Hughes cannot afford the back rent.
That's why she's seeking protection under the notice statute. The statute exists specifically for people in her situation. Then she'll have to manage until October 20th. This court has other matters that take priority.
Your honor, I'd like to request findings of fact and conclusions of law for the appellate record. The courtroom went very quiet. Requesting findings meant she was planning to appeal. Everyone knew it.
Knew Judge Hargrove removed his reading glasses slowly. You may request whatever you like, Miss Booker. Doesn't mean you'll get it. Your honor, under Rule 52(a), I'm entitled to findings of fact and conclusions of law when a court denies a motion for injunctive relief.
Rule 52A says the court may provide findings, not must. And in this case, I'm declining to provide them. My ruling is sufficient. Camille stayed standing.
Then your honor, I'm filing notice of immediate appeal to the North Carolina Court of Appeals under Rule 2 and a motion for stay of eviction pending appeal. Elliot stood quickly. Your honor, that's frivolous. You can't appeal a continuence.
There's no final order to appeal. Mr. Chandler is incorrect, your honor. Under Rule 2, immediate appeal is permitted when a court denies emergency relief that if not granted would render any subsequent relief meaningless. If Mrs. Hughes is evicted before this court can hear the merits, any future ruling in her favor would be ineffective.
That satisfies the standard for interlocutory appeal. Judge Hargrove stared at her. 5 seconds 10. The baleoiff shifted uncomfortably.
And I suppose you have a motion for stay already prepared. Yes, your honor.
May I approach? He gestured sharply. She brought him the motion drafted last night just in case. Judge Hargrove read it quickly, jaw working.
Fine. Stay granted pending appeal, but Ms. Booker, let me be very clear. If your appeal fails, and it will fail, you'll have wasted this court's time and your client's money. I suggest you think carefully about whether that's really in Mrs. Hughes's best interests.
I have thought carefully, your honor, and I believe enforcing the law is always in my client's best interests. We'll see. Anything else? No, your honor.
Then we're adjourned. The gavl came down hard. Camille packed her binder while Judge Hargrove left through the side door. Elliot gathered his files at his table.
When the judge was gone and the bailiff had moved to the back of the room, Elliot walked over to her table. His voice was low enough that only she could hear. That was quite a performance. She didn't look up from organizing her papers.
I wasn't performing. I was advocating for my client, citing Brown v. Kenir from memory, requesting findings for the record, filing for immediate appeal before the hearing even ends. Elliot's tone was almost admiring. You've clearly done your homework.
Is there something you need, Mr. Chandler? Just wanted to offer some advice off the record. Now she looked up. I'm not interested in your advice.
You should be. He leaned against her table. Casual. Because what you just did in there, challenging the judge's scheduling, accusing us of improper service, filing an immediate appeal, that's not how things work in Durham County.
The rules are the rules. They work the same everywhere. Elliot smiled, not unkindly, almost pitying. That's exactly what someone who's been practicing for 5 minutes would say.