Threatte v. Threatte

MORRIS, Chief Judge.

Defendant’s only assignment of error challenges the court’s entry of summary judgment in favor of the plaintiff and against the defendant. We note at the outset that summary judgment is appropriate in a declaratory judgment action where there is no genuine issue as to any material fact and either party is entitled to a judgment as a matter of law. Blades v. City of Raleigh, 280 N.C. 531, 187 S.E. 2d 35 (1972). The real controversy in this case concerns the legal significance of the facts, rather than the facts themselves.

The first question before this Court is whether the…