|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.
|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.
|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.
|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.
|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|
|Fitch v. Eiseman||2000 WL 34545801 (Alaska 2000) (unpublished opinion)||The trial court approved a divorcing couple’s agreement for dogs to be with their children (and so travel to the husband's and wife’s houses as part of a shared custody agreement of their children). The wife did not abide by the agreement, so the Supreme Court remanded back to the trial court to determine sole ownership of the dog.||Case|
|Giarrusso v. Giarrusso||--- A.3d ----, 2019 WL 1606351 (R.I. Apr. 16, 2019)||This Rhode Island Supreme Court case centers on a disagreement among former spouses concerning the ex-husband's visitation with their two dogs acquired during marriage. Before the Court is an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After review, the Court concluded that cause was not shown and affirmed the order of the Family Court. The couple entered into a Marital Settlement Agreement (MSA) formalizing the terms of the dissolution of Diane and Paul Giarrusso's marriage and giving Diane all title and interest to the dogs and Paul twice a week visitation. The weekly visitation proceeded according to the agreement for over a year, when Diane ceased allowing Paul's visits. Paul then filed a motion for post-final judgment relief citing breach of the agreement and Diane counterclaimed. A justice of the Family Court held a hearing on the issue, where each party testified and submitted associated texts and emails. In one recounted incident, a dog was missing for some time at Paul's house. Ultimately, the dog was found to be accidentally locked in a closet. At the conclusion of the hearing, Diane argued that the justice should withdraw approval for the MSA because Paul failed to care for the dogs and showed bad faith, while Paul argued that Diane had breached the terms. The hearing justice affirmed the visitation schedule of the MSA, denied Diane's requested relief, and awarded attorney fees to Paul. On appeal here, Diane argues that the hearing justice was "clearly wrong and overlooked material evidence when she found that Paul had acted in good faith." In particular, Diane contends that the dogs are chattel and Paul failed to provide safe conditions and return them to her in an undamaged condition. The Supreme Court held, in noting that the MSA retains the characteristics of a contract, that it would not overturn the hearing justice's determination in absence of mutual mistake in the contract (the MSA). There was no mutual mistake in the MSA's visitation provision and no basis for the hearing justice to conclude that the MSA needs to be reformed. Further, this court found no evidence of bad faith on Paul's part and that the hearing justice's findings were support by the evidence. Thus, it was not inequitable to enforce the visitation term in the MSA as written. The order of the Family Court was affirmed and the matter returned to Family Court.||Case|
|Grey v. Johansson||Slip Copy (unpublished decision), 2016 WL 1613804 (E.D. Pa. Apr. 22, 2016)||This suit was filed after Grey and Johansson entered into a disagreement about who was the rightful owner of Johansson’s late wife’s horse, Navy. Grey was Johansson’s lawyer and was left responsible for caring for and handling all sales regarding her horses after her death. Grey filed suit for fraud and defamation against Johansson after he publicly referred to Grey as a “horse stealer.” Ultimately, the court held that Grey did not produce enough to evidence to establish a case for either fraud or defamation against Johanasson. Although Johanasson did call Grey a “horse stealer,” the court found that this comment was protected by judicial privilege.||Case|
|Hament v. Baker||2014 VT 39, 97 A.3d 461 (Vt. 2014)||2014 VT 39||The custody of an eleven year old German wirehaired pointer was the central issue in this Vermont divorce case. While both parties testified to their strong emotional ties to the dog and to the care that each spouse provided, the Superior Court awarded custody to the husband. The wife appealed the Superior Court’s decision arguing that the court erred in refusing a joint arrangement, that the court’s finding was not supported by the evidence, and that this finding provided an arbitrary basis for award. On appeal, the Supreme Court of Vermont held that the family court division could consider factors not set out in 15 V.S.A. § 751(b); specifically, the welfare of the animal and the emotional connection between the animal and each spouse. The court found that both parties were afforded an opportunity to put on evidence regarding both factors without restriction in the Superior Court. The Supreme Court of Vermont also held that the Superior Court was correct in its statement that the family division could not enforce a visitation or shared custody order for companion animals. Unlike child custody matters, the court said, there is no legislative authority for the court to play a continuing role in the supervision of the parties with respect to the care and sharing of a companion animal. The Superior Court’s decision of awarding custody to the husband was therefore affirmed.||Case|
|Hogan v. Hogan||199 So. 3d 50 (Ala. Civ. App. 2015)||2015 WL 7889623 (Ala. Civ. App. Dec. 4, 2015)||This case is an appeal of a judgment granting an Alabama divorce. With regard to animal law, the husband argues on appeal that the trial court erred in awarding the wife the couple's two dogs. Specifically, the husband argues that one of the dogs was given to him as a gift and is therefore his separate property. He also suggests that because the dogs lived with him since his wife moved out of the marital property (from 11/2012 until 02/2015), he is the "proper owner" of the dogs. While this court noted that evidence concerning ownership was disputed at trial, the evidence is undisputed that the wife entered the marriage with one of the dogs. The second dog was given to both parties by the wife's niece. In examining Alabama law, the court observed that it has long been held that dogs are property. Thus, evidence of ownership can come from documentary title (like a dog license or registration) or possession. Here, the court was persuaded by the testimony that when the wife moved out, she moved into an apartment and was unable to take the dogs with her. No evidence was presented that the wife's circumstances changed to allow her to keep the dogs, and there was no showing that the wife sought court intervention to regain possession of the dogs. Thus, the court stated the following: "Based on the presumption stated in Placey, supra, that the ownership of a pet is presumed to be in the person who possesses it, and given the wife's failure to present evidence indicating that she was in a position to take the dogs, we conclude that the evidence does not support the trial court's decision to award the dogs to the wife. Accordingly, that portion of the judgment awarding the dogs to the wife is reversed."||Case|