Perry v. BAXLEY DEVELOPMENT, INC.

HUNTER, Judge.

Baxley Development, Inc. (“defendant”) appeals the denial of its motion to set aside a preliminary injunction obtained by Duncan W. Perry and Mary L. Lavery-Perry (“plaintiffs”). After careful consideration, we reverse the trial court and remand with instructions to set aside the preliminary injunction.

On 25 January 2006, plaintiffs filed a notice of lis pendens and a complaint for specific performance of an offer to purchase real property located in Brunswick County, North Carolina. The complaint included a motion for a preliminary injunction to enjoin defendant, the…