Nellis v. Nellis Sr.

1 Original Petition Nellis v. Nellis – Bastrop County Filing PacketTable of Contents1. Original Petition2. Application for TRO and Sequestration (with Proposed Orders)3. Sequestration Bond4. Writ of Sequestration5. Proposed Turnover Order6. Proposed Receivership Order7. Proposed Final Judgment8. Post-Judgment Discovery Requests9. Filing Instructions with Service Guidance10. Waiver of Service Form11. Waiver of Service Cover Letter12. Civil Case Information Sheet CAUSE NO. __________IN THE DISTRICT COURT OF[COUNTY], TEXAS___ JUDICIAL DISTRICTLEROY NELLIS II,Plaintiff,v.LEROY NELLIS SR.,Defendant.PLAINTIFF’S ORIGINAL PETITION AND APPLICATION FOR TEMPORARY RESTRAINING ORDER, TEMPORARYINJUNCTION, AND, IN THE ALTERNATIVE, WRIT OF SEQUESTRATIONI. DISCOVERY CONTROL PLAN AND RULE 47 DAMAGES CATEGORY1. Plaintiff intends that discovery be conducted under Level 2 pursuant to Texas Rule of Civil Procedure 190.3.2. Pursuant to Texas Rule of Civil Procedure 47(c), Plaintiff seeks monetary relief over $250,000 but not more than$1,000,000, and non■monetary relief including injunctive relief, declaratory relief, sequestration, constructive trust, andan accounting.II. PARTIES AND SERVICE3. Plaintiff, LeRoy Nellis II, is an individual residing in Travis County, Texas.4. Defendant, Leroy Nellis, Sr., is an individual residing in Hays County, Texas, who may be served with process at , Hays County, Texas, or wherever he may be found.III. JURISDICTION AND VENUE5. The amount in controversy exceeds the minimum jurisdictional limits of this Court.6. Venue is proper under Texas Civil Practice & Remedies Code § 15.002 because a substantial part of the events oromissions giving rise to the claims occurred in this county and in Hays County, Williamson County, and Bastrop County,Texas, and the property at issue was located in those counties.IV. FACTUAL BACKGROUND7. Plaintiff owns personal property including firearms (two 9mm pistols, one AR■style rifle, one shotgun, one .22 rifle,one .30■06 rifle), ammunition, a crossbow, mail, passport(s), Texas driver’s license, a diamond watch, personal effects,photographs, and documents located at Defendant’s residence in Hays County, Texas.8. Plaintiff owns a boat, boat engine, car, truck, and a 45■foot flatbed trailer that were stored at ,Bastrop, Texas.9. Plaintiff never authorized, consented to, or intended the sale or transfer of any of his personal property and neveragreed to include such personal property in any real estate transaction.10. Two storage units located in Williamson County contain Plaintiff’s belongings removed from ,Round Rock, Texas. Defendant maintains exclusive control, has withheld access codes and unit numbers, and hasrefused to provide an inventory. 11. From 2024 through July 2025, Plaintiff communicated with Defendant weekly and often daily. Defendant concealedany intent to sell Plaintiff’s personal property and gave no notice before selling; he first mentioned a sale in earlyFebruary 2025, after it had occurred.12. Defendant told third parties that Plaintiff’s personal property was 'sold with the property' at .Plaintiff disputes this and demands contracts and closing documents.13. Defendant represented to Plaintiff that upon Plaintiff’s release he would pay Plaintiff $78,000 representing saleproceeds from the boat, boat engine, car, truck, and 45■foot flatbed trailer. Defendant has refused to pay any amount.14. On August 19, 2025, Plaintiff sent a written demand for the immediate return of all personal property and forstorage■unit documentation, designating Steve Leo as neutral custodian. That same day, Defendant responded byemail admitting he has been paying certain expenses and would continue through September 30, 2025, in light ofPlaintiff’s upcoming pretrial (Sept. 9, 2025) and two jury trials, thereby acknowledging ongoing control over Plaintiff’saffairs and property.15. Upon information and belief, Defendant’s 2024 federal income tax return included proceeds and/or propertybelonging to Plaintiff; Plaintiff seeks production of the return and all schedules.16. Plaintiff affirmatively states that the claims in this petition are limited to personal property, proceeds, and relatedmisconduct. The real estate properties located at , Bastrop, Texas, and , RoundRock, Texas, are not included in this lawsuit. Plaintiff reserves all claims concerning those properties for a separateaction.V. PRESERVATION OF EVIDENCE AND SPOLIATION17. Plaintiff requests an order requiring Defendant to preserve all evidence, including electronic communications,photographs, inventories, receipts, tax work papers, storage■unit records, access logs, and documents related to the.VI. CONDITIONS PRECEDENT AND DTPA NOTICE18. All conditions precedent to Plaintiff’s claims have occurred, been performed, or have been waived.19. On August 19, 2025, Plaintiff provided written notice sufficient to satisfy the Deceptive Trade Practices–ConsumerProtection Act (DTPA) pre■suit notice requirements. To the extent the Court requires additional time under Tex. Bus. &Com. Code § 17.505, Plaintiff does not oppose abatement solely to allow the statutory notice period to run.VII. CAUSES OF ACTIONCount 1 – Conversion20. Defendant wrongfully exercised dominion and control over Plaintiff’s personal property, depriving Plaintiff of its useand value and retaining all proceeds from sales without consent.Count 2 – Civil Theft (Texas Theft Liability Act, Tex. Civ. Prac. & Rem. Code ch. 134)21. By unlawfully appropriating and exercising control over Plaintiff’s property without consent and with intent to deprive,Defendant is liable under the Texas Theft Liability Act for actual damages, court costs, and reasonable and necessaryattorneys’ fees.Count 3 – Fraud and Fraudulent Concealment22. Defendant concealed the sale(s), misrepresented inclusion of personal property in a real estate transaction,promised to pay $78,000, and refused to do so; Plaintiff relied on these misrepresentations to his detriment.Count 4 – Breach of Fiduciary Duty / Abuse of Power of Attorney (Tex. Estates Code § 751.101 et seq.) 23. As agent under a power of attorney, Defendant owed fiduciary duties to inform, account, avoid self■dealing, and actin Plaintiff’s best interest. Defendant breached those duties by selling, withholding, and misusing Plaintiff’s property.Count 5 – Breach of Oral Contract24. Defendant promised to pay Plaintiff $78,000 upon Plaintiff’s release for property sold; Plaintiff accepted and relied;Defendant breached by refusing to pay.Count 6 – Promissory Estoppel (in the alternative)25. Defendant should reasonably have expected Plaintiff to rely on the $78,000 promise; Plaintiff relied to his detriment;injustice can be avoided only by enforcement of the promise.Count 7 – Unjust Enrichment / Money Had and Received26. Defendant was unjustly enriched by retaining proceeds rightfully belonging to Plaintiff; equity requires restitution anddisgorgement.Count 8 – Deceptive Trade Practices Act (Tex. Bus. & Com. Code §§ 17.46(b), 17.50)27. Defendant engaged in false, misleading, and deceptive acts, including misrepresenting authority to sell Plaintiff’spersonal property and misrepresenting that such property was included in a real estate transaction; Defendant’sconduct was knowing and/or intentional, entitling Plaintiff to treble damages.Count 9 – Declaratory Judgment (Tex. Civ. Prac. & Rem. Code ch. 37)28. An actual controversy exists regarding ownership of the personal property and rights to proceeds. Plaintiff seeksdeclarations confirming ownership and imposing a constructive trust over proceeds in Defendant’s possession.Count 10 – Accounting and Constructive Trust (Equity)29. Plaintiff seeks a full accounting of all property and proceeds and the imposition of a constructive trust over allproceeds and property currently in Defendant’s possession or control.VIII. APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION30. Plaintiff has a probable right to relief and faces probable, irreparable injury absent immediate injunctive relief:Defendant has concealed sales, retained proceeds, withheld access, and controls keys, codes, and documents;damages are difficult to quantify; and there is no adequate remedy at law.31. Plaintiff requests a TRO (14 days, or as extended by law) and a temporary injunction enjoining Defendant and allpersons acting in concert with him from: (a) selling, transferring, concealing, damaging, or disposing of Plaintiff’spersonal property; (b) altering, destroying, or concealing records, emails, texts, inventories, storage■unit documents, ortax work papers; (c) interfering with Plaintiff’s access to storage units or communicating false claims of ownership to anyfacility; and (d) obstructing the immediate transfer of firearms, crossbow, mail, passports, DL, diamond watch,photographs, and other Hays■County items to custodian Steve Leo.32. Plaintiff requests that the Court set the temporary■injunction hearing, require a bond as the Court deems proper,and issue orders compliant with Tex. R. Civ. P. 683.IX. APPLICATION FOR WRIT OF SEQUESTRATION (ALTERNATIVE OR ADDITIONAL)33. In the alternative and/or in addition, Plaintiff seeks a writ of sequestration under Tex. Civ. Prac. & Rem. Code ch. 62,describing the personal property (firearms, crossbow, boat, boat engine, car, truck, 45■foot flatbed trailer, andstorage■unit contents) and showing a reasonable conclusion of immediate danger that Defendant will conceal, disposeof, or move such property outside this Court’s reach before judgment.X. DEFENDANT’S PROFESSIONAL LICENSES AND HEIGHTENED DUTIES 34. Defendant holds a Texas Real Estate License and a Certified Public Accountant (CPA) license. His conduct violatesduties imposed by the Texas Real Estate Commission’s rules against misrepresentation and by fiduciary and ethicalduties owed by CPAs in financial reporting. His professional status underscores that the misconduct was knowing andintentional.XI. JURY DEMAND AND NOTICES35. Plaintiff demands a trial by jury and will tender the appropriate fee.36. Notice under Rule 193.7: Plaintiff intends to use documents produced by any party in discovery against that party attrial.XII. DAMAGES AND REQUESTED RELIEFPlaintiff requests judgment for:a. Return of all personal property or, alternatively, its fair market value;b. Actual damages, including the $78,000 promised and all proceeds wrongfully retained;c. Treble damages under the DTPA and exemplary damages for fraud;d. Attorneys’ fees and costs as permitted by the DTPA and the Texas Theft Liability Act;e. Declaratory relief, accounting, disgorgement, and constructive trust;f. Temporary restraining order and temporary injunction;g. Writ of sequestration as authorized by Chapter 62;h. An order compelling preservation of evidence and turnover to custodian Steve Leo of Hays■County items identifiedabove;i. Pre■ and post■judgment interest; andj. All other relief, at law or in equity, to which Plaintiff is entitled.XIII. EXHIBIT INDEX (TO BE PRODUCED IN DISCOVERY)Exhibit A – Plaintiff’s Demand Letter (Aug. 19, 2025).Exhibit B – Defendant’s Email Response (Aug. 19, 2025).Exhibit C – Property List at , Bastrop, Texas.Exhibit D – Storage Unit Records (Williamson County).Exhibit E – Firearms/Crossbow Inventory (Hays County).Exhibit F – Personal Documents and Valuables (Hays County).Exhibit G – Communications Timeline (2024–2025).Exhibit H – Defendant’s Professional Licenses (TREC & CPA).Exhibit I – Defendant’s 2024 Federal Tax Return and Schedules.Respectfully submitted,LeRoy Nellis IIive Tel: Email: Plaintiff, Pro Se