Empire fails to identify any such future actions, and the undisputed evidence reflects there are none. City of Summerville v. Sellers, 82 Ga. App. 361 ( 61 S.E.2d 160) (1950); see Atlanta Casualty Co. v. Fountain, 262 Ga. 16, 18 ( 413 S.E.2d 450) (1992) ("declaratory judgment is not available where a judgment cannot guide and protect the petitioner with regard to some future act"); Adams v. Atlanta Casualty Co., 225 Ga. App. 482, 484 (1) ( 484 S.E.2d 302) (1997) ("[w]hen a declaratory judgment cannot guide and protect the petitioner regarding a future act, no declaratory judgment is authorized") (citation omitted). (a) Coverage denied. "When . . . the company denies coverage before it seeks guidance under the declaratory judgment, it has no need for direction from the court. . . . Having thus denied coverage, the insurer removes any doubt as to its duties under the contract of insurance and the insurer's firm decision is that it has no duty and, thus, is not met with uncertainty as to future acts. Declaratory judgment, therefore, would not lie in [such a] case."

(Indention omitted.) Kiker v. Hefner, 119 Ga. App. 629, 631 ( 168 S.E.2d 637) (1969); see also City of Summerville v. Sellers, 82 Ga. App. 361 ( 61 S.E.2d 160) (1950). Defendant church's "Motion for Declaratory Judgment" also sought an adjudication that Coldwell Banker and Noonday Baptist Association were "necessary" parties in this case.

However, this question will necessarily be resolved by the outcome of the breach of contract claim, which is presently pending before the trial court. It has long been held that an action for a declaratory judgment does not lie where a simple action for breach of contract will give full and complete relief. See City of Summerville v. Sellers, 82 Ga. App. 361 ( 61 S.E.2d 160) (1950). Moreover, "[a] declaratory judgment will not be rendered to give an advisory opinion in regard to questions arising in a proceeding pending in a court of competent jurisdiction in which the same questions may be raised and determined. [Cits.

In view of the above ruling it becomes unnecessary to pass upon the other assignments of error since the petition must be dismissed without prejudice to any future action by the plaintiff to enforce its alleged accrued rights under the lease, if it should desire to bring one. See Tucker v. American Surety Co., 206 Ga. 533, 538 ( 57 S.E.2d 662); City of Summerville v. Sellers, 82 Ga. App. 361 ( 61 S.E.2d 160). Judgment reversed in both cases.

The plaintiff has such remedy in this case by following the procedure prescribed by Code §§ 56-419 and 56-422, providing for application to the Comptroller-General for a license and hearing before that official as to the plaintiff's right to have the license issued to it, and the remedy of mandamus is open to the plaintiff to compel the Comptroller to issue it a license, provided it is legally entitled to be licensed. Findley v. City of Vidalia, 78 Ga. App. 581 ( 51 S.E.2d 542); City of Summerville v. Sellers, 82 Ga. App. 361 ( 61 S.E.2d 160). Prayer (b) of the petition is that the plaintiff be directed as to whether it should pay certain money to the Comptroller.

See, e.g., Mena Catering, Inc. v. Scottsdale Ins. Co., 512 F.Supp.3d 1309, 1322-23 (S.D. Fla. 2021); HM Peachtree Corners I, LLC v. Panolam Indus. Int'l, Inc., 2017 WL 3700304, at *3 (N.D.Ga. 2017); Braddy v. Morgan Oil Co., 183 Ga.App. 157, 158-59 (1987) (applying state law); Pinnacle Benning LLC v. Clark Realty Cap., 314 Ga.App. 609, 612-13 (2012) (applying state law). But see City of Summerville v. Sellers, 82 Ga.App. 361, 361 (1950) (reversing the trial court's rejection of a declaratory judgment claim, but allowing the plaintiff to bring a breach of contract claim in the future instead). However, in the case at hand, one party has brought a declaratory judgment claim and the opposing party has brought a breach of contract claim.

Id. (punctuation omitted); see also Milton Frank Allen Publ'ns, Inc. v. Ga. Ass'n of Petroleum Retailers, Inc., 219 Ga. 665, 671(1)(a), 135 S.E.2d 330 (1964) (“The object of the declaratory judgment is to permit determination of a controversy before obligations are repudiated or rights are violated.” (punctuation omitted)). 14. Braddy v. Morgan Oil Co., 183 Ga.App. 157, 158–59(2), 358 S.E.2d 305 (1987); see alsoCity of Summerville v. Sellers, 82 Ga.App. 361, 361, 61 S.E.2d 160 (1950) (holding that petition for declaratory relief should be denied when a breach of contract action would provide full and complete relief and petition lacked “an alleged necessity for an adjudication to guide and protect the petitioner from uncertainty and insecurity with respect to future conduct”). 15. CompareAtlanta Cas. Co. v. Fountain, 262 Ga. 16, 18, 413 S.E.2d 450 (1992) (“[D]eclaratory judgment is not available where a judgment cannot guide and protect the petitioner with regard to some future act—as where an insurance company has already denied a claim.

Zayatz v. Southern R. Co., 248 Ala. 137, 26 So.2d 545, 167 A.L.R. 426, and annotation at 433. City of Summerville v. Sellers, 82 Ga. App. 361, 61 S.E.2d 160; Davis v. Boltz, 84 Cal.App.2d 295, 190 P.2d 218; In re Hoelscher's Estate, 249 Iowa 444, 87 N.W.2d 446; Ayers v. Gen. Hosp., Inc., 67 Idaho 430, 182 P.2d 958, 959. The judgment is so modified and as modified is affirmed.