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LAWYERS MUT. v. NEXSEN PRUET ET AL.

No. 9210SC991.

435 S.E.2d 571 (1993)

112 N.C. App. 353

LAWYERS MUTUAL LIABILITY INSURANCE COMPANY OF NORTH CAROLINA, Plaintiff, v. NEXSEN PRUET JACOBS & POLLARD, Moore & Van Allen and the Home Insurance Company, Defendants.

Court of Appeals of North Carolina.

October 19, 1993.

Attorney(s) appearing for the Case

Young, Moore, Henderson & Alvis, P.A. by Walter E. Brock, Jr., Raleigh, for plaintiff-appellant.

Smith, Helms, Mullis & Moore by Martin N. Erwin, Greensboro, for defendant-appellee, The Home Ins. Co.

Manning, Fulton & Skinner by Howard E. Manning, Jr., Raleigh, for defendant-appellee, Nexsen Pruet Jacobs & Pollard.

Yates, McLamb & Weyher by Joseph W. Yates, III, and Barbara B. Weyher, Raleigh, for defendant-appellee, Moore & Van Allen.

ARNOLD, Chief Judge.

In its first of two assignments of error, Lawyers Mutual contends the trial court abused its discretion in staying the North Carolina declaratory judgment action. The trial court granted the stay pursuant to N.C.Gen.Stat. § 1-75.12 (1983), which provides as follows:

(a) When Stay May Be Granted.—If, in any action pending in any court of this State, the judge shall find that it would work substantial injustice for the action...

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