Town of Rolesville v. Perry

PARKER, Judge.

Motion for a directed verdict is appropriate only in a jury trial. This case having been tried without a jury, the proper motion by which to test the sufficiency of plaintiff’s evidence to establish a right to relief was a motion for involuntary dis missal under Rule 41(b). Bryant v. Kelly, 10 N.C. App. 208, 178 S.E. 2d 113, rev’d on other grounds in 279 N.C. 123, 181 S.E. 2d 438. We will treat the defendants’ motion for a directed verdict as a motion for an involuntary dismissal under Rule 41(b). Mills v. Koscot Interplanetary, 13 N.C. App. 681, 187 S.E. 2d 372.

“In ruling on a…