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Question
Facts: In a civil action for damages arising from breach of written warranty in the sale of a hospital-grade MRI machine, St. Luke's Medical Center sues MedEquip, Inc. After St. Luke's rests its case and before MedEquip presents its evidence, MedEquip moves for demurrer to evidence on the ground that St. Luke's 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?