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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Phoenix Builders, Inc. sues Oceanic Homes, LLC for damages arising from an alleged breach of a home renovation contract. After Phoenix rests, Oceanic moves for demurrer to evidence on the ground that Phoenix has failed to prove a cause of action. The trial court denies the demurrer to evidence. (a) State the controlling rule on the consequences of denial of a demurrer to evidence under Rule 33. (b) Explain how the denial affects the progression of the case and the rights of the parties. (c) If the court had granted the demurrer to evidence instead, what would be the consequence and why?

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