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TEMPLETON v. APEX HOMES, INC.

No. COA03-570.

595 S.E.2d 769 (2004)

Deborah C. TEMPLETON and Gary W. Templeton, Plaintiffs, v. APEX HOMES, INC., Sol A. Jaffa in his capacity as Trustee, and Michael I. Jaffa in his capacity as Trustee, Defendants.

Court of Appeals of North Carolina.

May 18, 2004.

Attorney(s) appearing for the Case

Aaron E. Michel, Charlotte, for plaintiffs-appellants.

No brief filed on behalf of Apex Homes, Inc., defendant-appellee.

No brief filed on behalf of Sol. A. Jaffa and Michael I. Jaffa, defendants-appellees.

GEER, Judge.

Plaintiffs Deborah C. and Gary W. Templeton obtained a judgment in their favor concluding that defendants had moved a house onto the lot next door to the Templetons in violation of two applicable restrictive covenants. The trial court ordered defendant Apex Homes, Inc. to remove the house. Defendants have chosen to comply with the court's judgment rather than appeal it. The Templetons have, however, appealed, arguing that the trial court should have concluded...

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