Brown v. County of Avery

WYNN, Judge.

Under N.C. Gen. Stat. § 7A-228(c), which governs appeals for trial de novo from a Magistrate’s judgment in small claims actions, if “the appellant fails to appear and prosecute his appeal, the presiding judge may have the appellant called and the appeal dismissed; and in such case the judgment of the magistrate shall be affirmed.” Defendant, Avery County, North Carolina, argues the trial court abused its discretion by denying Defendant’s request for a continuance and committed plain error in dismissing Defendant’s appeal from magistrate court. We disagree and affirm the trial…