Court of Appeals of North Carolina February 20, 1979, 783DC351 (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.