GLEN FOREST CORPORATION v. Bensch

MORRIS, Judge.

Petitioner’s Appeal

To sustain petitioner’s position on this appeal would in effect work an amendment to G.S. 1A-1, Rule 50. That rule provides for a motion for a directed verdict at the close of plaintiff’s evidence or at the close of all the evidence. It does not give a litigant the option of waiting until after the verdict is in to make the motion for a directed verdict to attempt to preserve his right to move for judgment notwithstanding the verdict. The language of G.S. 1A-1, Rule 50, is almost identical to the language of Rule 50, Federal Rules of Civil Procedure. The…