Ripley v. Day

LEWIS, Judge.

In an opinion filed 15 August 2000, this Court concluded the trial court lacked subject matter jurisdiction over the plaintiffs’ declaratory judgment action contesting defendant Suzanne E. Day’s right to dissent from her deceased husband’s will. We affirmed the trial court’s 19 April 1999 order granting summary judgment in favor of defendant Day. Plaintiffs filed a petition for rehearing pursuant to Rule 31 of the North Carolina Rules of Appellate Procedure 19 September 2000, which we granted, 26 September 2000.

Plaintiffs instituted a declaratory judgment action to determine…