Court of Appeals of North Carolina March 6, 2001, No. COA00-311 (Greensboro Masonic Temple v. McMillan)

WYNN, Judge.

A Rule 41(b) motion “not only tests the sufficiency of plaintiff’s proof to show a right to relief, but also provides a procedure whereby the judge may weigh the evidence, determine the facts, and render judgment on the merits against the plaintiff.” McKnight v. Cagle, 76 N.C. App. 59, 65, 331 S.E.2d 707, 711, cert. denied, 314 N.C. 541, 335 S.E.2d 20 (1985).