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NICHOLS v. LAKE TOXAWAY CO., INC.

No. 8929SC857.

390 S.E.2d 770 (1990)

98 N.C. App. 313

John L. NICHOLS, Jr., and Susan Breedlove, d/b/a Mountain Ventures, and Breedlove and Nichols Resort and Toxaway Properties, Inc., Plaintiffs, v. LAKE TOXAWAY COMPANY, INC. (A North Carolina Corporation), Defendant.

Court of Appeals of North Carolina.

May 1, 1990.

Attorney(s) appearing for the Case

Long, Parker, Hunt, Payne & Warren, P.A. by Jeffrey P. Hunt, Asheville, for plaintiffs-appellees.

Roberts Stevens and Cogburn, P.A. by Isaac N. Northup, Jr. and Vincent D. Childress, Jr., Asheville, for defendant-appellant.

LEWIS, Judge.

Defendant first contends that the trial court lacked subject matter jurisdiction to enter partial summary judgment. The Superior Court has no jurisdiction to render a declaratory judgment when the pleadings and evidence do not disclose the existence of a genuine controversy between the parties. Trust Co. v. Barnes, 257 N.C. 274, 276, 125 S.E.2d 437, 439 (1962); City of Greensboro...

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