Pharr v. N.C. D.O.T.

In a non-jury case, such as one before the Industrial Commission, after plaintiff has rested his case, defendant may move pursuant to Rule 41(b), Rules of Civil Procedure, N.C. Gen. Stat. § 1A-1, for involuntary dismissal on the ground that upon the facts and the law plaintiff has shown no right to relief. Woodlief v. Johnson, 75 N.C. App. 49,330 S.E.2d 265 (1985). However, a judge is not compelled to find facts and pass upon a motion for dismissal at close of plaintiff's evidence; he may decline to render any judgment until all evidence is in, and, exceptin the clearest cases, he should…