183 S.E.2d 503 | Ga. Ct. App. | 1971
KAY ENTERPRISES, INC.
v.
SHAWMAC, INC. KAY et al.
v.
SHAWMAC, INC.
Court of Appeals of Georgia.
*226 Bonner & Rubin, S. Richard Rubin, Virginia A. Bonner, for appellants.
Edward D. Wheeler, for appellee.
JORDAN, Presiding Judge.
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. Quillian and Evans, JJ., concur.
