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THREATTE v. THREATTE

No. 8122SC1206.

296 S.E.2d 521 (1982)

Ben J. THREATTE, Sr., Individually and Ben J. Threatte, Sr. as Administrator of the Estate of Rance K. Threatte, Deceased v. Beverly Ann THREATTE.

Court of Appeals of North Carolina.

November 2, 1982.

Attorney(s) appearing for the Case

Raymer, Lewis, Eisele & Patterson by Douglas G. Eisele, Statesville, for plaintiff-appellee.

Pope, McMillan, Gourley & Kutteh by Robert H. Gourley, Statesville, for defendant-appellant.

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,

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