Browne v. Catawba County Department of Social Services

BRITT, Judge.

While respondents assign numerous errors, we find it necessary only to consider respondents’ third assignment for the determination of this appeal. The third assignment is to the failure of the court to direct a verdict in respondents’ favor. Since the case was tried without a jury, with the court the finder of the facts, a motion for directed verdict was improper; nevertheless, we shall treat respondents’ motion as a motion for an involuntary dismissal under G.S. 1A-1, Rule 41 (b) in order to pass on the merits of the questions sought to be raised. Neff v. Coach Co., 16 N.C.…