NC General Statutes

N.C. Gen. Stat. § 1-258 (2026)

Review

✓ current as of July 2026
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All orders, judgment and decrees under this Article may be  reviewed as other orders, judgments and decrees. (1931, c. 102, s. 6.)

 

Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1959–2026 · leading case: Medearis v. Trs. of Myers Park Baptist Church, 558 S.E.2d 199 (N.C. Ct. App. 2001).
Daedalus, LLC v. Mecklenburg Cnty. (N.C. Ct. App. 2026). · cites it 2× “Jurisdiction This Court possesses jurisdiction pursuant to N.C. Gen. Stat. §§ 1-258 and 7A- 27(b)(1) (2025).”
Propst Bros. Dists., Inc. v. Shree Kamnath Corp., 823 S.E.2d 633 (N.C. Ct. App. 2019). · cites it 2× “2d 563 , 571 (2006) (citing N.C. Gen. Stat. § 1-258 ). "Accordingly, in a declaratory judgment action where the trial court decides questions of fact, we review the challenged findings of fact and determine whether they are supported by competent evidence.”
Boyce v. N.C. State Bar, 814 S.E.2d 127 (N.C. Ct. App. 2018). · cites it 2× “2d 717 (1996) ; see also N.C. Gen. Stat. § 1-258 (2017) ("All orders, judgment and decrees under [Article 26, 'Declaratory Judgments,'] may be reviewed as other orders, judgments and decrees.”
Basmas v. Wells Fargo Bank Nat'l Ass'n, 763 S.E.2d 536 (N.C. Ct. App. 2014). · cites it 2× “The order denied plaintiffs’ claim for declaratory judgment and ruled that plaintiffs’ “other prayers for relief are hereby deemed to be moot[.]” Plaintiffs appeal.”
First Charter Bank v. Am. Child.'s Home, 692 S.E.2d 457 (N.C. Ct. App. 2010). · cites it 4× “2d 717 (1996); see also N.C. Gen.Stat. § 1-258 (2009) ("All orders, judgment and decrees under [Article 26, `Declaratory Judgments,'] may be reviewed as other orders, judgments and decrees.”
Calhoun v. Wha Med. Clinic, Pllc, 632 S.E.2d 563 (N.C. Ct. App. 2006). · cites it 2× “N.C. Gen. Stat. § 1-258 (2005). Accordingly, in a dec *597 laratory judgment action where the trial court decides questions of fact, we review the challenged findings of fact and determine whether they are supported by competent evidence.”
Trent v. River Place, LLC, 632 S.E.2d 529 (N.C. Ct. App. 2006). · cites it 2× “” We first note that although the trial court dismissed this action pursuant to the Declaratory Judgment Act, N.”
Walker v. Penn Nat'l Sec. Ins. Co., 608 S.E.2d 107 (N.C. Ct. App. 2005). · cites it 2× “The sum paid to Hoover Rehabilitation was for a nurse to accompany plaintiff to his doctor visits and plaintiff received no benefit from this service.”
Faz of Rtp, LLC v. 55 & Allendown, LLC, 603 S.E.2d 364 (N.C. Ct. App. 2004). · cites it 2× “2d 306 , 308 (2003); N.C. Gen.Stat. § 1-258 (2003). Thus, where a declaratory judgment action is heard without a jury, the court's findings of fact will be deemed conclusive on appeal if supported by competent evidence, regardless of whether there exists evidence to the contrary.”
Finch v. Wachovia Bank & Trust Co., NA, 577 S.E.2d 306 (N.C. Ct. App. 2003). “and determine a reasonable annual amount, on a percentage or other reasonable basis, as it deems requisite or desirable to meet Plaintiff’s reasonable needs in her current station in life, to distribute to Plaintiff for ‘gifting’ purposes, be it to her chinch, charities of her…”
Medearis v. Trs. of Myers Park Baptist Church, 558 S.E.2d 199 (N.C. Ct. App. 2001). · cites it 3× “” N.C.G.S. § 1-258 (1999); see also Nationwide Mutual Ins.”
First Union Nat'l Bank v. Ingold, 523 S.E.2d 725 (N.C. Ct. App. 1999). · cites it 2× “Appellant contends this devise exercised a power of appointment reserved by the decedent in paragraph 2B, resulting in the entire trust estate being devised to her.”
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