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No. It either survived or it didn't. If a lower portion still lives, you may get a second chance to have a tree. Time will tell.

Should have been given a grass free spot maybe 3' across at planting. But regarding the near total top death either something happened to it before it was planted there or after it was planted. For instance the soil ball it came in may have been allowed to dry out before you bought it. Or you may have watered it too much. In either case the thing to do would be to dig around carefully in the ball now and do a visual inspection of the moisture situation well inside the ball, to make sure it is evenly moist (but not muddy) all the way through.

Otherwise what kind of a winter did you have after it was planted? Cold damage can explain most of a plant top dying, at the same time that there is a small proportion left that looks almost normal.

Thanks for your response. The winter in North Carolina was very mild. I had a 3 ft wide circle of mulch around it. When I got the tree in the fall it had sagging dead leaves still on it, and they actually never fell. Today I just got tired of looking at them so I finally whacked them off. I guess those branches were probably already dead before I got them and I should have sent the tree back. I'll water it through this summer I guess and hope it somehow recovers. Not sure what that would even look like if the main vertical branches are already dead.

If purchased from a box store maybe there is a one year unconditional warranty.

It was SiteOne. I'm gonna call but not feeling optimistic.