We first note that the trial court granted the JPSD's motion for a directed verdict; however, “the appropriate motion in a case tried without a jury is not a motion for [a] directed verdict, but [a motion] for involuntary dismissal, pursuant to Rule 41(b) of the Mississippi Rules of Civil Procedure.” Gulfport–Biloxi Reg'l Airport Auth. v. Montclair Travel Agency, Inc., 937 So.2d 1000, 1004 (¶ 13) (Miss.Ct.App.2006). Rule 41(b) provides, in part, that “[a]fter the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief.” The standard for a motion for involuntary dismissal is different from that of a directed verdict in that the trial court “should grant a motion for involuntary dismissal if, after viewing the evidence fairly, rather than in the light most favorable to the plaintiff, the judge would find for the defendant.”

In ruling on a Rule 41(b) motion, the chancery court "should grant a motion for involuntary dismissal if, after viewing the evidence fairly , rather than in the light most favorable to the plaintiff, the judge would find for the defendant." Gulfport-Biloxi Reg'l Airport Auth. v. Montclair Travel Agency Inc ., 937 So. 2d 1000, 1004 (¶13) (Miss. Ct. App. 2006) ; seeStewart v. Merchants Nat. Bank , 700 So. 2d 255, 259 (Miss. 1997) (On petition for writ of certiorari, the supreme court reversed the court of appeals’ decision and reinstated the chancellor's decision granting a Rule 41(b) dismissal in a defendant's favor where "a fair reading of the evidence in the instant case would support a finding that Merchants was not liable to the [plaintiffs] for damages.").

We recognize that "the appropriate motion in a case tried without a jury is not a motion for directed verdict, but for involuntary dismissal ...." Gulfport-Biloxi Reg'l Airport Auth. v. Montclair Travel Agency Inc ., 937 So.2d 1000, 1004 (¶ 13) (Miss. Ct. App. 2006). In similar cases, rather than reversing a trial court's judgment granting a directed verdict due to a procedural error, this Court has considered such appeals under the standard of review for a motion for involuntary dismissal.

Id. (internal quotation marks omitted) (quoting Gulfport-Biloxi Reg'l Airport Auth. v. Montclair Travel Agency, Inc. , 937 So. 2d 1000, 1004 (Miss. Ct. App. 2006) ). "The court must deny a motion to dismiss only if the judge would be obliged to find for the plaintiff if the plaintiff's evidence were all the evidence offered in the case."

The chancery court "should grant a motion for involuntary dismissal if, after viewing the evidence fairly, rather than in the light most favorable to the plaintiff, the judge would find for the defendant." Gulfport-Biloxi Reg'l Airport Auth. v. Montclair Travel Agency Inc ., 937 So. 2d 1000, 1004 (¶13) (Miss. Ct. App. 2006). This Court has also held that a Rule 41(b) motion "should be granted if the plaintiff has failed to prove one or more essential elements of his claim or if the quality of the proof offered is insufficient to sustain the plaintiff's burden of proof."

On appeal, we review the grant of the involuntary dismissal under the deferential substantial-evidence/manifest-error standard. Gulfport–Biloxi Reg'l. Airport Auth. v. Montclair Travel Agency, Inc., 937 So.2d 1000, 1005 (¶ 13) (Miss.Ct.App.2006). Discussion

“A judge should grant a motion for involuntary dismissal if, after viewing the evidence fairly, rather than in the light most favorable to the plaintiff, the judge would find for the defendant.” Gulfport–Biloxi Reg'l Airport Auth. v. Montclair Travel Agency, Inc., 937 So.2d 1000, 1004 (¶ 13) (Miss.Ct.App.2006). “The court must deny a motion to dismiss only if the judge would be obliged to find for the plaintiff if the plaintiff's evidence were all the evidence offered in the case.”

¶13. "In reviewing a trial court's grant or denial of a Rule 41(b) motion for involuntary dismissal, we apply the substantial evidence/manifest error standards." Gulfport-Biloxi Reg'l Airport Auth. v. Montclair Travel Agency Inc ., 937 So. 2d 1000, 1005 (¶13) (Miss. Ct. App. 2006). "A judge should grant a motion for involuntary dismissal if, after viewing the evidence fairly , rather than in the light most favorable to the plaintiff, the judge would find for the defendant."

"A judge should grant a motion for involuntary dismissal if, after viewing the evidence fairly , rather than in the light most favorable to the plaintiff, the judge would find for the defendant." Id. (quoting Gulfport-Biloxi Reg'l Airport Auth. v. Montclair Travel Agency Inc. , 937 So. 2d 1000, 1004-05 (¶13) (Miss. Ct. App. 2006) ). "The court must deny a motion to dismiss only if the judge would be obliged to find for the plaintiff if the plaintiff's evidence were all the evidence offered in the case."

In contrast to a motion for a directed verdict under Mississippi Rule of Civil Procedure 50(a), which applies to jury trials and requires the trial judge to view the evidence in the light most favorable to the plaintiff, a Rule 41(b) motion to dismiss differs somewhat. It applies to cases tried by a judge sitting without a jury and requires the judge to view the evidence fairly. Gulfport–Biloxi Reg'l Airport Auth. v. Montclair Travel Agency, Inc., 937 So.2d 1000, 1004 (¶ 13) (Miss.Ct.App.2006) (contrasting Rule 41(b) with Rule 50(a)). When considering a Rule 41(b) motion to dismiss, the judge must deny the motion to dismiss “only if the judge would be obliged to find for the plaintiff if the plaintiff's evidence were all the evidence offered in the case.”