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Question
Facts: DeltaTech, Inc. sues InfoSphere, Ltd. for damages arising from a breach of a consulting-services contract. After DeltaTech rests and before InfoSphere presents its evidence, InfoSphere moves for demurrer to evidence on the ground that DeltaTech 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?