Kay Enterprises, Inc. v. Shawmac, Inc.
Kay Enterprises, Inc. v. Shawmac, Inc.
Opinion of the Court
These cases were tried together in the lower court. The defendants appeal form a directed verdict and judgment, thereon for the plaintiff based on a motion for directed verdict by the plaintiff at the close of the plaintiff’s evidence, without affording the defendants any opportunity to offer evidence. "A motion for a directed verdict may be made at the close of the evidence offered by an opponent or at the close of the case.” Rule 50 (a); CPA § 50 (a) (Code Ann. § 81A-150 (a)). Under this rule the defendant, but not the plaintiff, may move for a directed verdict at the close of the evidence for the plaintiff. The trial judge had no authority to direct a verdict for the plaintiff on motion of the plaintiff at this stage of the trial.
Judgments reversed.
Reference
- Full Case Name
- KAY ENTERPRISES, INC. v. SHAWMAC, INC. KAY v. SHAWMAC, INC.
- Cited By
- 1 case
- Status
- Published