Reid v. Midgett

MARTIN, Judge.

Defendant assigns as error the failure of the court to grant defendant’s motion for involuntary dismissal at the close of all the evidence under Rule 41 (b) of the Rules of Civil Procedure and the granting of plaintiffs’ motion for involuntary dismissal at the close of all the evidence. It is apparent from the record and briefs that the trial court was sitting without a jury. The anomaly of requesting an involuntary dismissal under Rule 41 (b) at the close of all the evidence is illustrated in defendant’s brief where he asks this Court to reverse for failure of the trial court…