Perry v. Suggs

The record shows that “At the Conclusion op Plaintiffs' Evidence, the Defendants — Through Counsel — Move for a Directed Verdict.” The judgment entered states that “at the conclusion of the plaintiffs’ evidence and the plaintiffs having rested, the defendants, through counsel, moved for a dismissal *130on the grounds that upon the facts and the law, the plaintiffs have shown no right to relief.”

Apparently defendants’ motion was for involuntary dismissal under Rule 41(b) applicable in actions tried by the court without a jury, rather than for a directed verdict under Rule 50(a) applicable in…