When plaintiffs filed suit against Raceway Partners, their action was dismissed. Defendant also never informed plaintiffs about their rights and remedies against the buyer upon default of the Note. The individual partners of Raceway Partners were all financially solvent at the time of the transaction. At trial, after plaintiffs' evidence, the trial court granted defendants' motion for directed verdict because it concluded that plaintiffs had failed to properly prove their damages. Paul I. Klein for defendant-appellees.
Plaintiffs contend that the trial court erred in granting defendants' motion for directed verdict.
After careful review of the record and briefs, we reverse. At the close of plaintiffs' evidence, defendants filed a motion for directed verdict pursuant to G.S. 1A-1, Rule 50. On a defendant's motion for directed verdict, the trial court must determine whether the evidence, when considered in the light most favorable to the plaintiff, is sufficient to take the case to the jury. 100 N.C. App. On appeal, the scope of review is limited to those grounds asserted by the moving party before the trial court.