BROWNE v. CATAWBA COUNTY DEPT. OF SOCIAL SERVICES

No. 7425DC446.

206 S.E.2d 792 (1974)

22 N.C. App. 476

Mary Elizabeth BROWNE, Petitioner, v. CATAWBA COUNTY DEPARTMENT OF SOCIAL SERVICES et al., Respondents. In the Matter of the CUSTODY OF Angela Ruth CHURCH, age seven, and Earl Clifford Church, age ten, minors.

Court of Appeals of North Carolina.

July 17, 1974.


Attorney(s) appearing for the Case

Forrest A. Ferrell and Jeffrey T. Mackie, Hickory, for petitioner appellee.

Corne, Warlick & Pitts, by Thomas W. Warlick, Newton, for respondent appellants.


BRITT, Judge.

While respondents assign numerous errors, we find it necessary only to consider respondents' third assignment for the determination of this appeal. The third assignment is to the failure of the court to direct a verdict in respondents' favor. Since the case was tried without a jury, with the court the finder of the facts, a motion for directed verdict was improper; nevertheless, we shall treat respondents' motion as a motion for an involuntary dismissal...

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