interpreting a prior version of Alaska Rule of Civil Procedure 41(b), which was similar to Florida Rule of Civil Procedure 1.420(b)
How later courts described this case
- interpreting a prior version of Alaska Rule of Civil Procedure 41(b), which was similar to Florida Rule of Civil Procedure 1.420(b)
Written by the judges who cited it.
The opinion
AREND, Justice
(dissenting).
My brothers seem to base the result they have reached upon two rulings, either one of which would be dispositive of the case: (1) Rule 41(b) does not permit a trial court in a non-jury case to dismiss a plaintiff’s action, before the defendant has rested, in instances in which the plaintiff has made out a prima facie case. (2) The trial court in this case committed clear error when it found that the plaintiffs had failed to prove their case by a preponderance of the evidence.
I cannot agree with either ruling. In my opinion the judgment should be affirmed.