Ayers v. TOMRICH CORPORATION

PARKER, Judge.

Defendant assigns as error (1) the failure of the trial court to grant its motions for directed verdict interposed at the close of plaintiffs’ evidence and renewed at the conclusion of all the evidence, and (2) the signing of the judgment “due to insufficient evidence to support the findings of fact and the award of damages” set forth in the judgment.

A motion for a directed verdict is proper only in a jury trial. See Rule 50(a). Bryant v. Kelly, 279 N.C. 123, 181 S.E. 2d 438. Where, as here, the case is tried without a jury, the appropriate motion by which a defendant may test…