Legal Question in Civil Litigation in Texas

directed verdict?

We had a hearing and at the close of our opening statement the defendant requested a motion for directed verdict (rule 52(c)). The judge asked them what their position was on the allegations and we proceeded to have a 30 minute hearing on the case. None of the witnesses testified, we were sworn in but the defense was not. During the defense's statements he told the court we were barred by the statute of limitations and asked for directed verdict and dismissal. At the end of the Judge's questioning and statements he said he was granting the defendant's motion and that we were barred by the statute of limitations. The defense attorney wrote up the order and submitted it for signing. The order states at the close of the Plaintiff's evidence they moved for judgement on Rule 52(c). Based on the findings of facts and conclusions of law at the conclustion of this trial, Judgement is that all relief requested by Plaintiff is denied. Our question is if the defense requested directed verdict and barred by statute of limitations and dismissal and the judge granted the motion, is the order correct? Is that decision a final judgement or should it be a dismissal? Thank you for any advice.


Asked on 10/10/05, 10:51 am

1 Answer from Attorneys
Charles White Charles G. White

Re: directed verdict?

Apparently you meant Federal Rule 50(c) rather than Rule 52(c) because Rule 52(c) refers to magistrates. Federal Rule 50(c) is captioned Granting Renewed Motion for Judgment as a Matter of Law . . .

If at the conclusion of the evidence there remained no legitimate dispute about your claim being barred by limitations, then it would be a waste of time to submit the case to a jury (or if a non-jury trial, to the court for further consideration).

The effect of the dismissal is the same as a take-nothing judgment -- meaning that based upon the pleadings and the undisputed evidence, you lost.

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Answered on 10/10/05, 11:25 am


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