Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Placey v. Placey | 51 So.3d 374 (Ala. Civ. App., 2010) | 2010 WL 2342397 (Ala. Civ. App.) |
The appellate court held that the Protection from Abuse Act authorized the trial court to determine and award ownership of Preston the dog in a domestic violence dispute between a mother and daughter. It then awarded ownership rights to the mother because took better care of the Preston and it was in his best interest. |
Case |
| Pratt v. Pratt | 1988 WL 120251 (Minn. Ct. App. Nov. 15, 1998) (unpublished opinion). |
A childless, divorcing couple sought divorce; trial court awarded couple's registered dogs to wife based on the best interest standard used for determination of custody of children. Appellate court held the best interest statute inapplicable to dogs, but stated that the trial court can award dogs based on evidence of mistreatment of the dogs by one of the parties. Because the trial court's determination had a reasonable basis in fact, the appellate court affirmed its decision. |
Case | |
| PRIETO, GERMÁN LUIS C/ COLONNA LUCIANA ANDREA, EXPTE. N° 450237 | Sentencia definitiva numero: 86 "PRIETO, GERMÁN LUIS C/ COLONNA LUCIANA ANDREA – ORDINARIO – EXPSentencia número 86 de la Cámara de Apelaciones de lo Civil y Comercial y en lo Contencioso Administrativo, de la ciudad de Río Cuarto de 26 de octubre de 2012 | This case revolves around a dispute between German Luis Prieto (the plaintiff) and Luciana Andrea Colonna (the defendant) regarding the ownership of personal property acquired during their cohabitation. The plaintiff claimed sole ownership of the property assets and sought their return, while the defendant argued that these assets constituted community property acquired for their shared residence during their relationship. Additionally, the defendant claimed that the plaintiff granted her exclusive possession and gifted the property to her upon their separation, relieving her of any obligation to return it. The court held that the plaintiff had the right to take back the property, with the exception of Bauty, considering that the latter had developed a significant emotional bond with the defendant and that his surrender could cause unnecessary suffering. In the judge's view, dogs were not mere "things." Consequently, the judge upheld the lower court's decision in part, ordering all the assets to be returned to the plaintiff. At the same time, the defendant was allowed to retain custody of the canine companion. | Case | |
| Pron v. Tymshan | 79 Misc. 3d 1235(A), 192 N.Y.S.3d 917 (N.Y. Civ. Ct. 2023) | No. CV-011255-22NY, 79 Misc. 3d 1235(A), 192 N.Y.S.3d 917, 2023 N.Y. Slip Op. 50809(U), 2023 WL 4940439 (N.Y.City Civ.Ct., July 21, 2023) | This case was filed by the previous owner (plaintiff) of an Abyssinian cat named Murchik, who was seeking to recover possession of the cat. Plaintiff took care of the cat for several years, but eventually lost their job and their housing, and needed to give the cat to a friend (defendant) who agreed to house the cat while plaintiff was living in a shelter. Plaintiff and defendant eventually disagreed over who was the rightful owner of the cat, with plaintiff insisting that defendant was temporarily watching the cat and defendant insisting that they were the rightful owner of the cat. Plaintiff filed this case to repossess the cat. The court considered that New York law traditionally treated companion animals as personal property, and the party with the superior possessory right to the animal would be awarded the animal. However, the court was moving towards a "best for all concerned" standard, which would consider factors such as why each party would benefit from possession of the pet, and under whose possession the cat would have a better chance of thriving. The court found that plaintiff had the superior possessory right in the cat, since plaintiff was the original purchaser of the cat and there was no evidence that plaintiff intended to give the cat to defendant permanently. The court then looked to the other factors, and found that since plaintiff's living situation had stabilized, both parties were equally capable of ensuring the cat would thrive in their care. However, since plaintiff had cared for the cat for over five years, and defendant had cared for the cat for under a year, plaintiff had a slight advantage in showing they could care for the cat. Therefore, the court awarded possession of the cat to plaintiff. | Case |
| Raymond v. Lachmann | 695 N.Y.S.2d 308 (N.Y. App. Div. 1999). | 264 A.D.2d 340; 1999 N.Y. Slip Op. 07127 |
Trial court allowed visitation in property dispute over cat between roommates. Later, that court determined it was not in the aged cat's best interests to be shuffled back and forth so revoked its decision, awarding it to the non-possessory roommate in a straight property analysis. The appellate court determined that it would be best for the cat to remain with the possessory party because of his age and the amount of time he had already been living there. |
Case |
| Riley v. Riley | 131 So.2d 491 (Fla. Dist. Ct. App. 1961) |
Trial court ordered husband and father, in divorce decree, to maintain his life insurance policy naming his children as beneficiaries; he appealed. Appellate court affirmed, finding no abuse of discretion. Appellate court upheld original decree, which also vested in the wife title to "some poodle dogs." |
Case | |
| Sentencia 10013-103027-2023-00229-00 (0327) | Tribunal Superior de Bogotá, Sala Mixta, Sentencia del 6 de octubre de 2023, Rad. 10013-103027-2023-00229-00 (0327) | This is the case of “Simona,” the dog in a family that went through a divorce in 2021. The husband, acting as the plaintiff, filed a lawsuit in the third Family Court to establish a visitation arrangement for their beloved companion, “Simona,” who lived with his ex-wife. The plaintiff argued that Simona was an integral part of their family and that both Simona and him had been emotionally impacted since the separation, as the defendant contended that visitations were distressing for Simona. The plaintiff further contended that Simona used to sleep with him and watch movies, but since she could no longer do so, Simona had become depressed and refused to eat. The family court dismissed the case, stating that it fell under the civil court’s jurisdiction. The Superior Tribunal of Bogotá resolved the jurisdictional conflict between the third Family Court and the twenty-seventh Civil Circuit Court. | Case | |
| Sentencia STC1926-2023 | Sentencia STC1926-2023 | Romeo and Salvador, two beloved family dogs that found themselves in the center of a heartbreaking divorce. The divorce resulted in the family judge ordering the foreclosure of the dogs in the divorce proceeding. The plaintiff filed a writ of protection or "Recurso de Tutela" before the Chamber of Civil Cassation of the Supreme Court of Justice to protect her rights to family unity, free personality development, and health. Furthermore, she argued that the lower court decision had violated not just her rights but her children's rights, who had developed a filial bond with the dogs, as they are sentient beings and not just mere property. The Court denied the "tutela." It affirmed the lower court decision allowing foreclosure upon companion animals, holding that the "tutela" was not the appropriate legal mechanism to protect procedural guarantees. In his dissenting opinion, Magistrate Aroldo Wilson Quiróz stated that the court had missed a valuable opportunity to address the issue of the multispecies families in Colombia. This novel legal concept is supported under Art. 42 of the Constitution, and that it was the responsibility of the court, as the body of last instance, to delve into this subject, pointing out the fact that even though animals are considered property, they are also sentient beings in the eyes of the law with rights that limit the right to own them. Like in other family cases, the magistrate suggested that courts should address issues such as custody, visitation rights, and alimony payments when companion animals are involved. | Case | |
| Sullivan v. Ringland | 376 A.2d 130 (N.H. 1977) | 117 N.H. 596 (1977) | A New Hampshire husband and wife owned their dog jointly when they divorced. The husband planned to take care of the dog while the wife relocated. Instead, he gave the dog away to a friend with a young son. The court held that the wife’s replevin action was not available against the donee of a cotenant. | Case |
| Travis v. Murray | 977 N.Y.S.2d 621 (Sup. Ct. 2013) | 2013 N.Y. Slip Op. 23405, 42 Misc. 3d 447, 2013 WL 6246374 (N.Y. Sup. Ct. 2013) |
A short, childless marriage ended in a custody battle over a dachshund after one spouse allegedly took the dog while the other spouse was away on a business trip. After reviewing the progression of the law in New York and in other states, the court decided to apply a “best for all concerned” standard and to give the parties a full, one-day hearing. The plaintiff’s motion to order the defendant to return the couple's dog and to be awarded “sole residential custody” of the dog was therefore granted. |
Case |