Deep Creek:

Do you mean to say that it is leafing out below the graft union and brown and dry above it?

If so, it sounds like the graft failed. You can allow the rootstock to continue to grow and then bud graft onto it this August.

If the green is really above the graft union, scratch the wood near the top with your thumbnail. If it is soft, green, and moist, give it more time. If it is brown and hard, cut it back until you see green.

Small trees are the best way to have a healthy, robust tree. Transplanting an older tree is traumatic to the roots, and trees grown in pots often have misshapen roots.

The green is above the graft union- not suckers or anything. It started to leaf out on some of the small branches above but turned brown, and stopped. The leaves that turned brown are not crooked or burnt looking (like fireblight) The tree was barerooted, and planted in the fall. Seems kinda odd to me, all the other apple tree i planted from bareroot on the same day leafed out ok. If I can figure out how to post a pic on here ill try to post one.

Do the thumbnail test outlined above. If the bare root plant had scrawny roots (only one or two) then it may die back as soon as hot weather hits.

Applenut

I just did the thumbnail test the branch is still green up top under the bark. Maybe the fluctuating temps are wreaking havoc on it. We had frost a week and a half ago, then it hit way hot for this area. The problem seemed to occur well before the heatwave. The tree is Stark Bros tree, they have a one year guarantee, so if it fails ill just have them replace it- just hate having to wait for it to grow out longer. Thanks for your response Applenut!

FWIW, I got one apricot tree from Stark Bros. and it was healthy but half the size/caliper of those from Raintree, Dave Wilson Nursery or One Green World but comparable price.
I am no expert but I would cut the leader back by half to relieve the burden on the (insufficient) root system (as above so below). It will grow back once the roots get established. I cut all my new trees down to 24" above the graft union. The one I did not, because I want it to provide shade, had a skimpy root system and did not show signs of life for many weeks after all the others were fully leafed out - I should have cut that one back too.

Do the thumb nail test again in a couple of weeks. I expect it will be dead. There is something wrong with the tree's plumbing system from the area of the graft up. Maybe the graft failed. The green you see is probably the green coming from the area of the graft, mostly likely from the rootstock.

The green leaves coming out is a few inches above the graft union- they are small green limbs sprouting there. The upper half seemed to start leafing out, when all the other apple trees were breaking dormancy, but then that one stalled out, and browned. I planted that tree last fall while it was dormant. It looks like a few bud area, are starting to grow out new red buds, but I could be wrong. I agree with the caliper size of Stark Bros, they are alot smaller than other! I order some pear trees from Raintree, they were way more healthier, and thicker!

Does anyone know where I can buy a Cinnamon Spice Apple tree? Stark is sold out and Lawson's is no longer shipping. I'd love to have one to plant this spring.

Dave W.