Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| 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 |
| 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 |
| 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 | |
| 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 | |
| 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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Case |