Couple says landscaper wrongly charged them for 94 loads of sand

John Suayan, Galveston Bureau May 9, 2011, 3:10pm

GALVESTON � Harris County residents John and Susan Ferrari claim that they were wrongfully charged for transportation services to their Galveston property, recent court documents say.

The Ferraris' lawsuit, filed April 21 in Galveston County District Court, says Gary Praker and John O'Conner invoiced the plaintiffs in error for 94 loads of sand taken to their tract of land on Galveston's West End.

The Ferraris claims Praker made misrepresentations to them through a real estate agent, adding they never spoke directly to the defendant.

Hurricane Ike caused severe damage to the vicinity of the plaintiffs' land on Sept. 13, 2008. After the storm, Praker consulted agent S. Kraig Lea about temporarily storing sand on the property which he intended to use for repair work on neighboring properties.

"In the interest of improving and enhancing any repair efforts following Hurricane Ike, the Ferraris informed Mr. Lea that Mr. Praker could temporarily store sand on the property at no cost to Mr. Praker," the original petition says.

It further explains that Lea, who is not a defendant in the case, "was in no way the Ferraris' agent and had no authority whatsoever to enter into contracts on the Ferraris' behalf."

The Ferraris then received an invoice dated Oct. 20, 2008, from a company called Evergreen Landscape, which was run by O'Conner, for the loads of sand. John Ferrari contacted Praker and O'Conner through phone and email to dispute the bill, the suit states.

The plaintiffs state that the defendants continued to wrongfully demand payment from them and even filed a $9,600 lien against their property.

Consequently, they seek unspecified monetary damages and an order overturning said lien.

Andrews Myers P.C. is representing the Ferraris, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 11-cv-0672

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