Gwatney v. Miller

WATSON, Judge.

MOTION TO DISMISS

The plaintiffs-appellees, George A. Gwat-ney, et al.1, move to dismiss the appeal of the defendant-appellant, Joseph Edward Miller, for the reason that defendant’s sus-pensive appeal bond was not timely filed. The motion is opposed.

Plaintiffs initiated this suit to enjoin the defendant from utilizing his property in violation of certain restrictive covenants applicable to the subdivision in which defendant’s tract was located and in which plaintiffs resided. The trial court granted plaintiffs’ request for a preliminary injunction and a hearing on the merits for…