SMITH, Chief Judge.
Charlene Cochran, as executrix of the estate of Aldine Duke, deceased, appeals from the trial court's grant of Timothy White's motion to dismiss her petition for declaratory judgment. We conclude that the trial court correctly dismissed Cochran's petition for declaratory judgment but improperly dismissed Cochran's claim on behalf of the estate for damages sounding in tort. We therefore affirm the judgment in part and reverse in part.
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