Rymor Builders, Inc. v. Tanglewood Plumbing Co.

D.P. Marshall Jr., Judge.

This contract case asks two important procedural questions: in a bench trial, how should a circuit court evaluate a defendant’s motion for dismissal after the plaintiff rests? And when must an appellant make its arguments on appeal for the appellate court to decide those arguments on the merits? Here, the circuit court erred by evaluating the witnesses’ credibility prematurely. But the appellant waived this error because it failed to argue the point until its reply brief.

I

Rymor Builders, Inc. and Tanglewood Plumbing Co. made three contracts about the plumbing work on…