Another picture

Leaf growth

http://en.wikipedia.org/wiki/Rhaphiolepis ???

Here is the trunk of the tree.

This is a close up of the leaf

lazygardens that is what I thought and thought it might be the Majestic Beauty but when I looked at close up of leaves they were different than the ones on this tree or are there ones with leaves that are sort of serrated on edges like these are????

As noted in the post buried above, Raphiolepis, aka Indian hawthorn. Usually considered a shrub but depending on location and age of plant, can often grow into a tree-like form.

Thank you gardengal48............I will tell my neighbor and will hunt for one for my yard.

I think it is, in fact [Majestic Beauty] = 'Montic', which I have seen in person many times - do a web search and you can get multiple photographs also.

Stated to be from Eriobotrya deflexa X Raphiolepis indica but the originator said

At the time of my discovery, I found it as a chance seedling growing in a bed of Raphiolepis indica 'Enchantress', where it was distinguished from all other Raphiolepis plants in the bed by the relatively great size of its branches and foliage. The actual parentage of this seedling is unknown

Here is a link that might be useful: United States Patent Office - Plant Pat. 3,349

Those are used as small street trees along Main St in my town, along with Savannah Holly. They always seem healthy with no problems, but reach maybe 6' max.

Prone to leaf spot, as we can see in the last of the above photos.

That is one gorgeous Rhaphiolepis 'Majestic Beauty', or perhaps 'Rosalinda'.