Pipkin v. Lassiter

MITCHELL, Judge.

Although this action is designated a special proceeding by the parties and was assigned a number in the trial court indicating it to be such, we perceive it to be a civil action in the nature of a declaratory judgment proceeding. The plaintiffs designate themselves as “petitioners” and seek a declaration of their rights in a right-of-way and injunctive relief pursuant to the terms of a judgment in a prior special proceeding (28SP22) in Wayne County. The defendants, designated as “respondents” at most pertinent points in the pleadings, assign as error the entry of judgment on…