Kirkman v. Kirkman

HEDRICK, Judge.

Although it has not been raised directly by either party, we first consider the issue of jurisdiction. “An actual controversy between the parties is a jurisdictional prerequisite for a proceeding under the Declaratory Judgment Act.” Adams v. North Carolina Department of Natural and Economic Resources, 295 N.C. 683, 703, 249 S.E. 2d 402, 414 (1978). When the record shows that there is no basis for declaratory relief, as when the complaint does not allege an actual, genuine existing controversy, this may be taken advantage of by a Rule 12(b)(6) motion to dismiss. North Carolina…