Vernon v. Lowe

I disagree with the majority that the trial court’s order of dismissal is supported by its findings of fact. I therefore respectfully dissent.

“A dismissal under Rule 41(b)should be granted if the plaintiff has shown no right to relief or if the plaintiff has made out a col-orable claim but the court nevertheless determines as the trier of fact that the defendant is entitled to judgment on the merits.” Hill v. Lassiter, 135 N.C. App. 515, 517, 520 S.E.2d 797, 800 (1999). If the trial court grants a motion for involuntary dismissal, he must make findings of fact and state his conclusions of law…