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EARLY v. BOWEN

No. 932SC740.

447 S.E.2d 167 (1994)

William Edmond EARLY, Jr. v. J. Melvin BOWEN, Administrator CTA of the Estate of John T. Daniel, Jr.; Vicki Daniel Simpson and Husband Frank Simpson; Roger Daniel and Wife Mary Anna Daniel; Darrell Daniel and Wife Vicki Daniel; Kenneth Daniel and Wife Debbie M. Daniel; and Willie John Daniel and Wife Debbie M. Daniel.

Court of Appeals of North Carolina.

September 6, 1994.

Attorney(s) appearing for the Case

Daniel A. Manning, Williamston, for plaintiff-appellant.

Wilson & Waller, P.A., by Betty S. Waller and Thomas J. Wilson, Raleigh, for defendant-appellants Simpson.

Brady, Schilawski, Earls and Ingram, by John Randolph Ingram, II, Cary, for defendant-appellees.

MARTIN, Judge.

Summary judgment is appropriate in a declaratory judgment action where there is no genuine issue of material fact and a party is entitled to judgment as a matter of law. N.C. Association of ABC Boards v. Hunt, 76 N.C. App. 290, 332 S.E.2d 693, disc. review denied, 314 N.C. 667, 336 S.E.2d 400

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