Missouri Court of Appeals June 24, 1997, No. 70148 (Southwestern Bell Yellow Pages, Inc. v. Walsh)

CRANE, Presiding Judge.

Defendant appeals from a trial court order sustaining his motion to dismiss and dismissing the cause without prejudice. He argues that, because the motion to dismiss was sustained after trial began and evidence was adduced, his motion should have been treated as a motion for directed verdict and judgment should have been entered against plaintiff.