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Displaying 1 - 10 of 45
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| AKERS v. SELLERS | 54 N.E.2d 779 (Ind.App.1944) | 114 Ind.App. 660 (1944) |
This Indiana case involves an action in replevin by John W. Akers against his former wife, Stella Sellers. The controversy at issue was ownership and possession of a Boston bull terrier dog. At the time of the divorce decree, the dog was not part of the property division and was instead left at the marriage domicile in custody of the former wife. Appellant-Akers claimed that legal title and the dog's best interests rested with him and unsuccessfully brought a suit in replevin in the lower court. On appeal, this Court held that there was no sufficient evidence to overturn the lower court's determination. The judgment was affirmed.
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| Amparo Directo D.A.- 454/2021 - Mexico | DA 10417/2021 | The administrative tribunal in Mexico City recognizes companion animals as family members, protected under Article 4 of their Constitution. Citing the Supreme Court of Justice, the tribunal stated that there are different types of families that are protected constitutionally, which includes some families that consider domestic animals their members. This is the decision to an Amparo against a resolution issued by the Institute of Administrative Verification (Instituto de Verificación Administrativa) holding that the owner of a pet boarding facility providing grooming and training services lacked the land use permits to have the commercial establishment. The owner of the pet boarding argued that she would only use 20% of her home for these purposes. After citing comparative law from countries such as Spain, Colombia, and Brazil, the court stated that “currently pets are considered sentient beings that are also part of the family nucleus and require attention and care. Therefore, the service provided by the Amparo promoter has become necessary for people or families also made up of domestic animals, who are looking for a place [to] care for their pets when they are away from their home for a long time” and, as such, these types of families ought to be considered by the authorities. The court stated that domestic animals “play a role of protection, support, company, affection, and care towards humans. Even the reciprocal attachment relationship between people and domestic animals is clear in multispecies families because they are treated as part of the family. They are, in a few words, members of it. Hence the name multispecies or interspecies family.” | Case | |
| Arrington v. Arrington | 613 S.W.2d 565 (Tex. Civ. App. 1981) |
A divorcing couple agreed to visitation of their dog, which the trial court incorporated into the divorce decree, appointing wife as the dog's managing conservator. Husband appealed because he had not been appointed managing conservator; the appellate court stated that dogs are personal property, and the office of managing conservator had been created for human children. While the court held that dogs are personal property under the law, it also stated that visitation of dogs should be allowed. |
Case | |
| Ballas v Ballas | 3 Cal.Rptr. 11 (Cal. Dist. Ct. App. 1960) | 178 Cal.App.2d 570 |
In a divorce decree, lower court awarded dog and car to husband; the wife appealed. Appellate court found that distinction between community and separate property was unimportant and held that wife was entitled to the dog, but the husband remained entitled to the car. |
Case |
| Bennett v. Bennett | 655 So.2d 109 (Fla.App. 1 Dist.,1995) | 20 Fla. L. Weekly D225 (Fla.App. 1 Dist.,1995) |
In this Florida case, the husband, Ronald Bennett, appealed a final judgment of dissolution of marriage awarding custody of the parties' dog. Specifically, the husband challenged the trial court's awarding the former wife visitation with the dog. The appellate court held that the trial court lacked the authority to order visitation with personal property (in this case, a dog). The court recognized that the lower court was trying to reach a fair solution, but the order was reversed and remanded remanded so that the trial court could award the animal pursuant to the dictates of the equitable distribution statute. |
Case |
| Causa Rol C-1533-2021, 2022 - Bambu & Igor- Chile | Causa Rol 1533-2021 | Las partes mantuvieron una relación durante la cual adoptaron dos perros, Igor y Bambú. Con el tiempo, la pareja se separó y discreparon sobre qué hacer respecto a la custodia y propiedad de los perros. El demandante interpuso esta demanda después de que la demandada le prohibiera ver a los perros y solicitó que se le reconociera como copropietario con todos los derechos sobre los mismos. El tribunal aplicó una prueba de tres partes para poner fin al goce gratuito de los perros por parte de la demandada, en la que decidió que el demandante tenía derecho a la propiedad en comunidad con la demandada. Para ello, el tribunal analizó aspectos del lugar que ocupan los perros en el contexto jurídico, como su condición de propiedad y los únicos vínculos afectivos que se establecen entre el propietario y la mascota. | Case | |
| Causa Rol C-1533-2021, 2022 - Igor and Bambu- Chile | Causa Rol 1533-2021 | The parties were in a relationship where they adopted two dogs, Igor and Bambu. The pair eventually split, and disagreed about what to do regarding the custody and ownership of the dogs. Plaintiff brought this action after being prohibited by Defendant from seeing the dogs and requested that he be recognized as co-owner with all rights therein. The court applied a three-part test to cease Defendant’s free enjoyment of the dogs, in which it decided that Plaintiff was entitled to ownership in the community with Defendant. In doing so, the court discussed aspects of the dogs’ place within legal contexts, such as their status as property, and the unique bonds formed between owner and pet. | Case | |
| Colucci v. Colucci | 234 A.3d 1226 (Me. 2020) | 2020 ME 75 , 2020 WL 2764560 | This Maine case is an appeal of a divorce proceeding where one party argues the court erred in awarding the parties' dogs to another. In 2017, Suan Colucci filed a complaint for divorce against her husband, Stephen Colucci. In 2019, the court entered a judgment granting the divorce and awarded both dogs “set aside to [Susan] as her exclusive property.” On appeal by Stephen, this court found that undisputed evidence established that "Louise" the dog was acquired five years before marriage, and thus, was nonmarital property. Because no evidence was presented to which of the parties actually acquired Louise in 2010, the judgment was vacated and remanded for further proceedings to determine ownership of Louise. | Case |
| Conte v. Fossett | Not Reported in A.3d, 2013 WL 1143329 (Del.Super.,2013) | No. 12A-03-007 JRJ | Plaintiff and defendant were a non-married couple that shared ownership of a miniature dauschund. Defendant asked for the dog, but plaintiff repeatedly declined. Eventually, Plaintiff gave in and purchased the dog for defendant. The parties shared ownership, expenses, and labor involved in caring for the dog. Eventually, the parties broke up, and began a shared-custody arrangement for the dog. However, the relationship between the parties further soured, and defendant kept the dog in her possession. Plaintiff filed suit for sole possession of the dog. The trial court found that the dog was a gift from plaintiff to defendant in contemplation of the relationship, and awarded possession to plaintiff. On appeal, the court found that there was no basis to assume that the dog was a gift given in anticipation of marriage. Therefore, defendant had no basis to pursue recovery of the dog. | Case |
| Desanctis v. Pritchard | 803 A.2d 230 (Pa. Super. Ct. 2002) | The trial court dismissed a couple's complaint asking the court to enforce a settlement agreement which provided for shared custody of the couple's dog. The appellate court upheld that decision, holding that the settlement agreement was void to the extent that it attempted to award visitation or shared custody with personal property. | Case |