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N.C. FARM BUREAU MUT. INS. v. WARREN

No. 873SC889.

365 S.E.2d 216 (1988)

NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY v. Melinda Barefoot WARREN and Catherine Popkin.

Court of Appeals of North Carolina.

March 1, 1988.

Attorney(s) appearing for the Case

Baker, Jenkins & Jones, P.A. by Ronald G. Baker, Ahoskie, for plaintiff, appellant.

Henderson, Baxter & Alford, P.A. by B. Hunt Baxter, Jr., New Bern, for defendant, appellee Melinda Barefoot Warren.

HEDRICK, Chief Judge.

Although the question has not been discussed by either party in its brief, we ex mero motu consider whether plaintiff, in its complaint, has alleged an actual justiciable controversy in support of a declaratory judgment action.

An actual controversy must exist for there to be an action under the Declaratory Judgment Act. Sharpe v. Park Newspapers of Lumberton, 317 N.C. 579, 347 S.E.2d 25

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