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C.F.R. FOODS, INC. v. RANDOLPH DEVELOPMENT CO.

No. 9119SC757.

421 S.E.2d 386 (1992)

107 N.C. App. 584

C.F.R. FOODS, INC. v. RANDOLPH DEVELOPMENT COMPANY.

Court of Appeals of North Carolina.

October 6, 1992.

Attorney(s) appearing for the Case

Greeson, Grace and Gatto, P.A. by Michael R. Greeson, Jr. and Lisa S. Costner, Winston-Salem, for plaintiff-appellant.

Smith, Casper, Smith & Alexander by Archie L. Smith, Jr., Asheboro, for defendant-appellee.

EAGLES, Judge.

Plaintiff contends that the trial court did not base its findings on competent evidence and erred by granting defendant's motion for involuntary dismissal with prejudice. After a careful examination of the record, we disagree and affirm.

The standard regarding involuntary dismissal is as follows:

"When a motion to dismiss pursuant to [N.C.G.S. § 1A-1, Rule] 41(b) is made, the judge becomes both the judge and the jury and he must...

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