O'Grady v. First Union National Bank

MOORE, Justice.

The case was tried in the absence of a jury. A Rule 50(a) motion for directed verdict is appropriate only to a case tried before a jury. In non-jury trials Rule 41(b), Involuntary Dismissal, provides for a procedure whereby, at the close of the plaintiffs evidence, the judge can give judgment against the plaintiff, not only because his proof has failed to make out a case (as is permitted under Rule 50), but also on the basis of facts as the judge may then determine them. See Helms v. Rea, 282 N.C. 610, 194 S.E. 2d 1 (1973). In Helms v. Rea, supra, Justice Sharp (now Chief…