Crumpler v. Thornburg

ARNOLD, Judge.

In their first assignment of error defendants contend that the trial court was without jurisdiction to hear plaintiffs summary judgment motion because there was no actual or real existing controversy between the parties. We disagree. Rather we find that the case was moot at the time Judge Battle ruled on the summary judgment motion and should have been dismissed.

Jurisdiction under the Declaratory Judgment Act, G.S. 1-253 et seq., may be invoked “only in a case in which there is an actual or real existing controversy between parties having adverse interests in the matter in…