Woodard v. North Carolina Local Governmental Employees' Retirement System

COZORT, Judge.

Plaintiff filed a declaratory judgment action against defendants to determine benefits due him following an amendment to the retirement disability statute which covers local government employees in this State. Defendants filed a motion to dismiss the action; the motion was denied. Defendants appealed the denial of their motion to dismiss to this Court. While the appeal was pending, the trial court entered an order granting plaintiff partial and full summary judgment, and denying defendants’ motion for summary judgment. Because the trial court lacked jurisdiction to determine the…