ACCEPTED
01-15-00620-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/21/2015 4:18:46 PM
CHRISTOPHER PRINE
CLERK
NO. 10-15-00620 - CV
IN THE COURT OF APPEALS FILED IN
1st COURT OF APPEALS
FOR THE 1ST JUDICIAL DISTRICT OF TEXASHOUSTON, TEXAS
AT HOUSTON 9/21/2015 4:18:46 PM
CHRISTOPHER A. PRINE
Clerk
LEVCO CONSTRUCTION, INC.
Appellant,
v.
CLEVELAND CONSTRUCTION, INC. and WHOLE FOODS
MARKET, INC.
Appellees.
FROM THE 270TH JUDICIAL DISTRICT COURT
OF HARRIS COUNTY, TEXAS
APPELLANT’S NOTICE OF
INDIGENCE AND FOR EXTENSION
OF TIME
Gregory N. Jones
SBN 10889450
Law Office of Gregory N. Jones
2323 S. Shepherd, 14th Fl.
Houston, Texas 77019
(713) 979-4691
(713) 979-4440- fax
Counsel for Appellant
Proper notice of appeal has been filed by Appellant Levco, Plaintiff in
the case below, and Appellee Whole Foods, a Defendant below. This Court
is currently awaiting the trial and reporter's record, the cost for which is in
excess of $23,000. As established by the affidavit attached hereto,
Appellant Levco does not have the resources to pay the costs associated
with the record. Which has necessitated the filing of this notice of indigence.
If necessary, Levco includes with this notice a request for extension of time
in order to deal with the issue.
BACKGROUND FACTS
1. This case relates to the construction of a Whole Foods Market in
that was completed in mid-2012. On May 10, 2010, CCI, the general
contractor, and Whole Foods, the owner of the project, entered into a general
construction contract.
2. Levco and CCI thereafter entered into a subcontract in which
Levco agreed to perform certain tasks relating to the construction of the
project. The project was delayed by nearly a year as a result of incomplete
and inaccurate plans and specifications, among other things. Consequently,
Levco was not paid for its additional work performed on the project, which
ultimately led to this litigation and Levco's failure as an on-going enterprise.
2
Accordingly, Levco is unable to pay any portion of the costs associated with
this appeal and has been forced to file this notice of indigency in order to
continue its appeal.
PRAYER/RELIEFREQUESTED
For the foregoing reasons, appellant Levco requests that this Court
take notice of its financial situation, issue a thirty (30) day extension of the
deadlines to file briefs, if necessary, and such other relief to which it
determines the parties are entitled.
Respectfully submitted,
LAW OFFICE OF GREGORY N. JONES
/s/ Gregory N. Jones
Gregory N.Jones
2323 S. Shepherd, 14th Fl.
Houston, Texas 77019
(713) 979-4691
(713) 979-4440 - fax
gjones@gnjlaw.net
Counsel for Appellant
3
CERTIFICATE OF CONFERENCE
I certify to the Court that I have conferred with counsel for Appellee
Whole Foods who indicated that it is opposed to the relief sought by this
motion.
/s/ Gregory N. Jones
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing document has been electronically
served on all counsel of record on September 21st, 2015.
/s/ Gregory N. Jones
4
AFFIDAVIT OF LUKE SONSEL
STATE OF TEXAS §
§
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared Luke Sonsel,
who, upon being sworn, did depose and state as follows:
1. "My name is Luke Sonsel. I am over twenty-one years of age. I am of sound
mind and am competent and capable of making this Affidavit. I have obtained
personal knowledge of the facts set forth herein, all of which are true and correct.
2. I was the president of Levco Construction, Inc., a Texas corporation, at the time
it was in business. Levco was a constmction company that 9perated in Texas as a
subcontractor on commercial projects. Levco never had any individuals or affiliates that
conducted operations on its behalf.
3. During the pendency of the suit between Levco and Cleveland Construction, Inc.
and Whole Foods Market, Inc., Levco ran out of money and ceased operations. Levco
has not been an operating entity since 2013 and has no assets. Levco, is now a defunct
company and has no funds or assets to pay for expenses of liti atio or an appeal.
Further, affiant sayeth not."
SUBSCRIBED AND SWORN TO before me, on this the day of September, 2015,
witness my hand and seal of office.
(;;/uLeUJ
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
/Jl''f5} CATHERINE LEAVELL TABOR
\ ]ir,J•l MV COMMIS ION EXPIFIES
. '•i'l,f.Nr.;.l' FEBRUARY 25,:Z018