Adkins Energy, LLC v. Delta-T Corp.

Plaintiff, Adkins Energy, LLC (Adkins), sought declaratory relief in response to alleged litigation threats by defendant, Delta-T Corporation (Delta-T), in connection with an ethanol plant that Adkins was building. The trial court granted summary judgment for Delta-T on count I of Adkins’s amended complaint. It also granted Delta-T’s motion to dismiss counts II and III, holding that the parties’ rights were fixed and not subject to determination in a declaratory judgment action. Adkins timely appeals. We dismiss in part, reverse in part, and remand the cause.

BACKGROUND

Adkins owns a…