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Question
Facts: In a civil action for damages arising from breach of a supply contract for pharmaceutical-grade excipients, Apex Pharma, Inc. sues Nova Logistics, Ltd. after Nova allegedly failed to deliver on time and per specification. After Apex rests and before Nova presents its evidence, Nova moves for demurrer to evidence on the ground that Apex 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?