Morehead v. Wall

STROUD, Judge.

Plaintiff appeals from the dismissal of her appeal from Small Claims Court to District Court for trial de novo. Because plaintiffs first notice of appeal to this Court was not timely filed and she then attempted to use motions under Rule 60 as a substitute for appeal, we must dismiss her appeal.

*589I. Procedural History

On 22 November 2010, Sharon Morehead (“plaintiff’), represented by counsel, filed a “Complaint for Money Owed” with the District Court Small Claims Division in Durham County, seeking to recover “damages for personal injuries and injury to her personal property for a…