Court of Appeals of North Carolina May 1, 1990, 8929SC857 (Nichols v. Lake Toxaway Co., Inc.)

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 v.