Legal Opinion

Homeland, Inc. v. Backer

Court of Appeals of North Carolina

Decided December 17, 1985No. 8512SC572PublishedCited by 4 opinions

1Opinion of the Court

HEDRICK, Chief Judge.

Defendants assign error to the trial court’s granting plaintiffs motion for directed verdict on the issues of waste and nonpayment of rent.

On a motion for directed verdict the trial court must consider the evidence in the light most favorable to the non-moving party, and may grant the motion only if, as a matter of law, the evidence is insufficient to justify a verdict in favor of the non-moving party. Rappaport v. Days Inn, 296 N.C. 382, 250 S.E. 2d 245 (1979). A directed verdict in favor of the party with the burden of proof is proper only when the proponent has…

2Cases cited4 opinions

  1. North Carolina National Bank v. BurnetteSupreme Court of North Carolina · 1979
  2. Rappaport v. Days Inn of America, Inc.Supreme Court of North Carolina · 1979
  3. Dixie Fire & Casualty Co. v. Esso Standard Oil Co.Supreme Court of North Carolina · 1965
  4. Fleming v. . SextonSupreme Court of North Carolina · 1916

3Cited by4 opinions

  1. DeTorre v. Shell Oil Co.Court of Appeals of North Carolina · 1987
  2. Burton v. WilliamsCourt of Appeals of North Carolina · 2010
  3. Town of Highlands v. EdwardsCourt of Appeals of North Carolina · 2001
  4. Backer v. GomezCourt of Appeals of North Carolina · 1986

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