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HOLLAND v. HEAVNER

No. COA03-811.

595 S.E.2d 224 (2004)

W.A. HOLLAND, Jr., Plaintiff, v. Daniel L. HEAVNER, Daniel Lee, R. Gene Davis, Jr., Anthony E. Flanagan, and Charles F. Box, III, Defendants.

Court of Appeals of North Carolina.

May 4, 2004.

Attorney(s) appearing for the Case

No brief filed for plaintiff-appellee.

Narron, O'Hale & Whittington, P.A., by James W. Narron and Jason W. Wenzel, Smithfield, for defendants-appellees Daniel L. Heavner and Daniel Lee.

Davis Bibbs & Smith, PLLC, by David C. Smith, Raleigh, for defendants-appellants.

No brief filed for defendant-appellee Charles F. Box, III.

TYSON, Judge.

R. Gene Davis, Jr. ("Davis"), and Anthony E. Flanagan ("Flanagan") appeal from a judgment entered ordering them to pay Daniel L. Heavner ("Heavner") and Daniel Lee ("Lee") $25,000.00 in earnest money from an option contract. For the reasons set forth below, we dismiss this appeal.

I. Background

On 5 February 2002, Heavner and Lee entered into an offer to purchase and an accompanying option to purchase with Dr. Preston H. and...

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