Smith v. Mauldin

THOMAS A. SMITH, Plaintiff,

v.

MELISSA PAGE MAULDIN, Individually and as Executrix of the Estate of Sue Nell Smith Page, Defendant.

No. COA07-1482

Court of Appeals of North Carolina

Filed July 15, 2008

This case not for publication

Knox, Brotherton, Knox & Godfrey, by C. Ashley Lamm, for plaintiff-appellant.

Bahner & Medlin, by R. Ward Medlin, for defendant-appellee.

STEELMAN, Judge.

The trial court acted within its discretion when it granted defendant's Rule 41(b) motion for involuntary dismissal at the close of plaintiff's evidence. The trial court's conclusions of law were supported by its findings…