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Displaying 11 - 20 of 58
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| PRIETO, GERMÁN LUIS C/ COLONNA LUCIANA ANDREA – ORDINARIO – EXPTE. N° 450237 | "PRIETO, GERMÁN LUIS C/ COLONNA LUCIANA ANDREA – ORDINARIO – EX Sentencia 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 | Este caso involucra una disputa entre German Luis Prieto (demandante) y Luciana Andrea Colonna (demandada) sobre la propiedad de bienes muebles. El demandante alega haberlos adquirido durante su convivencia con la demandada y busca su restitución. La demandada argumenta que los bienes son parte de un patrimonio común debido a su relación de convivencia y sociedad de hecho, y niega la obligación de devolverlos. El tribunal, luego de analizar los argumentos, determina que el demandante tiene derecho a la restitución de los bienes, excepto en el caso del perro "Bauty", al considerar que este último ha desarrollado un vínculo emocional significativo con la demandada, y que su entrega podría causar un sufrimiento innecesario. En consecuencia, se revoca parcialmente la sentencia inicial, se ordena la restitución de los bienes y se le permite a la demanda quedarse con el canino. | 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. |
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| SAM LAMBERT & ANDRIA LAMBERT v. SALLY MORRIS & STEVE HAIR | --- S.E.2d ----, 2018 WL 6314142 (N.C. Ct. App. Dec. 4, 2018) | Plaintiffs Sam Lambert and Andria Lambert appeal the trial court's granting of summary judgment in this lost dog case. Specifically, plaintiffs filed an action against defendants Sally Morris and Steve Hair alleging conversion, civil conspiracy, unfair and deceptive trade practices, and intentional or reckless infliction of emotional distress, as well as injunctive relief and damages related to the disappearance of their dog, Biscuit. Biscuit went missing in August of 2015. After searching for Biscuit for several days, plaintiffs contacted the local animal control and posted Biscuit as a lost dog on animal control's unofficial Facebook page. Over a month later, a citizen brought Biscuit (who had no microchip or collar on) to animal control where she was placed in a holding cell. After the 72-hour hold, Biscuit was transferred to the Humane Society. Biscuit was spayed and examined by a veterinarian, and a picture was posted on the Humane Society website. At the vet exam, tumors were discovered in Biscuit's mammary glands and so surgery was performed, some of it paid for by defendant Hair. Hair eventually adopted Biscuit. Almost a year later, plaintiffs found an old picture of Biscuit on the Humane Society Facebook page and attempted to claim Biscuit. Defendant Hair learned of this and requested that plaintiffs reimburse for veterinary expenses, to which they agreed. After some discussion, Hair learned plaintiffs had over 14 dogs and refused to return Biscuit without a home inspection. That caused a heated discussion and the meeting between plaintiffs and defendant ended without the dog returning. About a month later, plaintiffs filed suit against defendants, whereupon defendants filed a motion for summary judgment. On appeal here, the court first noted that, per state law, an animal shelter hold a lost or abandoned dog for at least 72-hours. Here, animal control satisfied its legal duty by keeping Biscuit in custody for the required holding period before transferring her to the Humane Society. Thus, plaintiffs lost any ownership rights to Biscuit after the 72-hour mark. Moreover, almost a month had passed between the time Biscuit was taken in by animal control and the formal adoption by defendant Hair at the Humane Society. As a result, the court found that Hair was the rightful owner of Biscuit and was entitled to negotiate with plaintiffs as he saw fit. Thus, no genuine issues of material fact existed for plaintiffs at trial. Accordingly, the trial court did not err in granting summary judgment to defendants and dismissing plaintiffs’ claims. | 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 |
| Haines v. Hampshire County Commission | 607 S.E.2d 828 (W.V. 2004) |
A dog was impounded and adopted after being picked up by animal control officers. The owners of the dog brought suit over the adoption of their dog. The trial court dismissed the suit and the Court of Appeals affirmed, holding the dog's owners failed to state a claim. |
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| Assal v. Barwick (Kidwell) | A circuit court upheld and enforced a divorce settlement that granted the husband visitation of the couple's dog for one month each summer. After the dog had gotten loose during a past visit and the husband had driven with the dog in the trunk of his car, however, the wife had refused to turn the dog over. The husband later abandoned his fight for visitation with the dog. During the proceedings, however, the Animal Legal Defense Fund filed this amicus curiae brief to urge the court to include in its consideration the needs and interests of the dog. The attached brief sets forth reported case decisions and rulings of other courts that have grappled with the view that companion animals are more than mere chattel. | Pleading | ||
| Morgan v. Kroupa | 702 A.2d 630 (Vt. 1997) | 167 Vt. 99 (1997) | Finder found Owner’s lost dog. Finder posted signs in order to locate Owner. More than a year later, the owner contacted Finder to take back the dog. However, Finder was permitted to keep the dog, since she had cared for the dog and made good efforts to locate the true owner. | Case |
| NH - Divorce - 458:16-a Property Settlement. | N.H. Rev. Stat. § 458:16-a | NH ST § 458:16-a | This New Hampshire statute defines "property" for purposes of the state's marriage dissolution (divorce) procedure. In August of 2019, a new provision was added to this law related to animals (Subsection II-a). This subsection states that "[t]angible property shall include animals. In such cases, the property settlement shall address the care and ownership of the parties' animals, taking into consideration the animals' wellbeing." | Statute |
| Gonzalez v. Royalton Equine Veterinary Services, P.C. | 7 N.Y.S.3d 756 (N.Y. App. Div. 2015) | 2015 N.Y. Slip Op. 03632 | Veterinarian contacted State Police after allegedly observing deplorable conditions in Plaintiff's barn. The premises were subsequently searched, and a horse and three dogs were removed and later adopted. Plaintiff commenced an action in City Court for, inter alia, replevin, and several defendants asserted counterclaims based on Lien Law § 183. The Lockport City Court entered partial summary judgment in favor of owner and ordered return of animals. On appeal, the Niagara County Court, reversed and remanded. Owner appealed to the Supreme Court, Appellate Division, Fourth Department, New York. The Court found the Niagara County Society for the Prevention of Cruelty to Animals, Inc. (SPCA) was not required to bring a forfeiture action to divest Plaintiff of ownership of the seized animals because the animals were kept in unhealthful or unsanitary surroundings, the plaintiff was not properly caring for them, and the plaintiff failed to redeem the animals within five days before the SPCA was authorized to make the animals available for adoption. The city court’s order was affirmed as modified. | Case |
| Augillard v. Madura | 257 S.W.3d 494 (Tex.App.-Austin,2008) | 2008 WL 2468689 |
This appeal arises from a suit for conversion filed by Shalanda Augillard alleging that Tiffany Madura and Richard Toro wrongfully exercised dominion and control over Augillard's black cocker spaniel, Jazz, who was recovered from New Orleans in the wake of the Hurricane Katrina. The central issue at trial and the only disputed issue on appeal is whether Augillard's dog, Jazz, and the dog that Madura adopted from New Orleans after Hurricane Katrina, Hope, are in fact the same dog. Augillard asserts on appeal that the trial court erred in disregarding conclusive evidence, including forensic DNA analysis, establishing that Hope and Jazz are the same dog. |
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