Barr-Mullin, Inc. v. Browning

WALKER, Judge.

In their first assignment of error, defendants argue the trial court erred in granting the preliminary injunction. We first note the scope of appellate review in this matter is essentially de novo. Robins & Weill, Inc. v. Mason, 70 N.C.App. 537, 320 S.E.2d 693, disc. review denied, 312 N.C. 495, 322 S.E.2d 559 (1984). In reviewing a trial court’s grant of a preliminary injunction, “an appellate court is not bound by the findings, but may review and weigh the evidence and find facts for itself.” A.E.P. Industries v. McClure, 308 N.C. 393, 402, 302 S.E.2d 754, 760 (1983).

As a…