GALVESTON - In response to what she believes is an illegal seizure of her boat, Harris County resident Sherry Baresch pursues legal action.
Baresch is suing Brian Evans, doing business as Evans Marine Services, in an effort to recover the subject vessel.
Court papers filed Oct. 21 in Galveston County District Court show the plaintiff is the owner of a 2006 Donzi 33', 4" Daytona speed boat with twin outboard Mercury 275 horsepower motors.
She took the boat to the defendant's business in Bacliff for service work on the two outboard engines in late June.
Evans kept the vessel at his facilities as well as kept in contact through e-mail with the complainant throughout the summer.
The suit states that Baresch's partner went to test drive the vessel only to discover it still had problems.
The defendant requested Baresch to leave the boat in her marina so he can make the necessary repairs, but then "unlawfully and without justification" removed said boat and subsequently foreclosed on it, the original petition says.
Her partner later learned the vessel was auctioned off in what the suit claims is a "sham foreclosure sale."
Consequently, the plaintiff seeks $80,000 in damages.
Attorney Travis C. Crowder of Houston is representing Baresch, and Galveston County 10th District Court Judge Kerry L. Neves is presiding over the litigation.
Case No. 13-CV-1339