Joyner v. Thomas

ARNOLD, Judge.

The court, sitting without a jury, granted defendants’ motion for directed verdict at the close of plaintiff’s evidence. As plaintiff points out, the correct motion would have been for an involuntary dismissal under G.S. 1A-1, Rule 41(b), since the action was being tried without a jury. Compare G.S. 1A-1, Rule 50, Comment. However, such a motion, though improperly designated, may be treated on appeal as having been made under Rule 41. Higgins v. Builders & Finance, Inc., 20 N.C. App. 1, 200 S.E. 2d 397 (1973), cert. den. 284 N.C. 616, 201 S.E. 2d 689 (1974). Treating this motion…