Evi Equipment, Inc. v. Northern Insurance

Benham, Judge.

Appellee insurance company filed a petition in the State Court of Fulton County, seeking a declaratory judgment pursuant to OCGA § 9-4-2 to determine the extent of its liability under a contract of insurance with appellant, EVI Equipment, Inc. (“EVI”), the insured. EVI moved to dismiss the case for lack of subject matter jurisdiction, contending that under OCGA § 9-4-2 (a) and (b), the Declaratory Judgment Act, only the superior court has jurisdiction to render declara tory judgments. The trial court denied EVI’s motion but granted it a certificate of immediate review. We…