|Granger v. Folk
|Greater Houston German Shepherd Dog Rescue, Inc. v. Lira
|A German Shepherd dog owned by the appellees escaped through an open garage door of the appellees' home. Animal control impounded the dog for violations of city ordinances. When the appellees did not redeem the dog, instead of being euthanized, animal control turned the dog over to a rescue society for adoption. The dog was then sterilized and micro chipped. After learning what happened, appellees made a request to transfer the dog to them. When they were refused, the appellees filed suit. The trial court ruled in favor of the appellees on their conversion cause of action and their requests for declaratory and injunctive relief, which ordered appellant to turn the dog over to the appellees. On appeal, the court held that since the appellees did not redeem the dog in compliance with city ordinances, they did not have an entitlement to the dog, which was required to establish a conversion claim. Further, since the rescue organization was a recognized city rescue partner, animal control could lawfully transfer the dog to the rescue organization. The court also held the ordinance setting forth an additional 30-day redemption period did not apply to owners. The appeals court therefore reversed the judgment of the trial court, rendered judgment that appellees take nothing, and remanded to the trial court for further proceedings consistent with this opinion, including an appropriate order restoring possession of the dog to appellant.
|Hayes v. State
|Defendant appeals an order with the Henderson County Sheriff's Office to destroy his dogs under Chapter 822 of the Texas Health and Safety Code. More specifically, defendant claims reversible error after he was denied a jury trial. Defendant's three dogs were seized after they attacked an individual riding a bicycle in front of defendant's residence. After a hearing, the dogs were found to be dangerous pursuant to Section 822.041 related to dogs causing serious bodily injury to a person. The judge then ordered the dogs to be humanely destroyed. Hayes appealed the order and requested a jury trial, which was objected to by the Henderson County Attorney's Office and sustained by the court. The dogs were found to be dangerous at a bench trial and ordered humanely euthanized, while defendant was ordered to pay $2,780 to the county. On appeal, defendant argues the county court erred in removing his case from the jury trial docket. The court now considers two questions: "(1) whether the owner of a dog ordered to be humanely destroyed by a justice, county, or municipal court judge, pursuant to Chapter 822, subchapter A, of the Texas Health and Safety Code, has the right to appeal such order; and (2) if an appeal is allowed, whether a jury can be requested to hear the de novo appeal." The court here declined to adopt the state's interpretation that the statute's silence as to a right of appeal indicates that the legislature eliminated that right. In fact, the court observed Subchapter A of Chapter 822 dealing with less serious "dangerous dogs," allows a party to appeal a dangerous dog finding. The court found it would be inconsistent that the more severe Subchapter D denies an appeal of right where the less severe subchapter grants it, especially where a forfeiture of property occurs (i.e., dogs). As to the right to jury trial, the court found Chapter 822 silent on that issue. However, the court found the order for seizure and destruction of defendant's "special personal property" guaranteed him a trial by jury under Article I of the Texas Constitution. The trial court's Final Order was reversed and the case was remanded to county court.
|Heiligmann v. Rose
|In Re Jackie King
|Justice v. State
|In this Texas appeal, defendant Brent Justice contends that his conviction for a single count of cruelty to a nonlivestock animal was based on insufficient evidence. The incident stemmed from defendant's filming of his co-defendant, Ashley Richards, torturing and killing of a newly-weaned puppy. Justice and Richards ran an escort business named "Bad Gurls Entertainment" that focused on the production and distribution of animal "crush" videos (fetish videos involving the stomping, torturing, and killing of various kinds of animals in a prolonged manner). The evidence that supported the conviction involved the confessions of both perpetrators and the video of the puppy being tortured and ultimately killed. On appeal, defendant argues that he cannot be found guilty since was not the principal involved in the offense. This court was unconvinced, finding that the evidence was sufficient to support a state jail felony since "[t]here is no shortage of evidence that appellant aided Richards in her cruelty," including handing Richards the knife and filming the killing. The one issue in defendant's "hybrid" pro se and represented brief on appeal that the court granted was related to a finding that defendant used a "deadly weapon." After the filing of initial briefs, the Court of Criminal Appeals in Prichard v. State, No. PD-0712-16, --- S.W.3d ---, 2017 WL 2791524 (Tex. Crim. App. June 28, 2017), held that “a deadly weapon finding is disallowed when the recipient or victim is nonhuman.” Thus, in the case at hand, the court deleted the deadly weapon finding since it was directed at the puppy rather than a human. The case was remanded for a new hearing on punishment only since the conviction was affirmed for a state jail felony.
|Landry’s, Inc. v. Animal Legal Defense Fund
|This is an appeal of a dismissal of appellant Landry's claims under the Texas Citizens Participation Act (“the TCPA”) and the subsequent required awarding of attorney fees and sanction under Tex. Civ. Prac. & Rem. Code Ann. § 27.009. Landry's is a large corporation that owns and operates more than 500 entertainment properties across the country, including the Houston Aquarium, Inc. The aquarium houses four white tigers in an human-made enclosure known as "Maharaja's Temple." Appellees, including the Animal Legal Defense Fund and its attorneys as well as a radio station owner (Cheryl Conley), asserted a variety of claims in connection with the publication of the notice to intend to sue under the Endangered Species Act due to the care and housing of the tigers. As a result of that notice and the associated publicity, Landry's asserted claims in the trial court for defamation, business disparagement, tortious interference with prospective business relations, abuse of process, trespass, conspiracy to commit each of these torts, and conspiracy to commit theft. Conley and ALDF moved to dismiss the claims under the TCPA, arguing that the claims related to exercise of free speech, petition, and association, and that Landry's could not make out a prima facie case. Additionally, they also argued that the claims were barred by the judicial-proceedings privilege. The lower court agreed and granted Conley's motion to dismiss. It also awarded $250,000 to ALDF and $200,000 to Conley. On appeal here, Landry again points to the allegedly defamatory statements released on social media (Twitter and Facebook) and through news media regarding the tigers' care. The court noted that many of the statements were non-actionable because they were not shown to be false statements of fact or were opinions. Nonetheless, even on those statements where Landry's met their burden of proving a defamation claim, the statements were protected by the judicial-proceedings privilege. The court was not convinced by Landry's contention that the statements were not made in contemplation of litigation because they were made after the required federal notice for filing suit under the ESA. Additionally, the court also rejected Landry's claim that the ALDF cannot claim attorney immunity because it is not a law firm and instead is comprised of attorneys who hold law licenses. The court observed that law licenses are not issued to business entities, but to individuals. The court also rejected Landry's remaining causes of action. As to the attorneys' fee and sanctions, the court did modify the attorneys' fees because one attorney at the trial court level did not participate in the appeal. Landry's then argued that the $450,000 in sanctions was excessive. The court first noted the TCPA mandates an award of sanctions and attorneys' fees. In reviewing the award for abuse of discretion, this court reviewed arguments by ALDF concerning Landry's hiring of the third largest law firm to defend a relatively small initial action, the filing of a 157-page response, with Landry's unwillingness to concede any points. The court took that in addition to several factors under the TCPA. The court was particularly concerned with Landry's filing of this suit on day 59 of the 60-day notice to file suit under the ESA (which may have been an indication to preempt the federal suit, according to the court). Despite that and more, the court did conclude that sanctions that were 2.4 and 2.8 times the attorneys' fees awards were excessive. The court suggested a remittitur, which would bring those awards respectively to $103,191.26 and $71,295.00. Thus, the lower court's decision to dismiss Landry's claims was affirmed, but the awards for attorneys' fee and sanctions were modified.
|Lindsey v. Texas State Board of Veterinary Medical Examiners
In 2015, Kristen Lindsey, who is a licensed veterinarian, killed a cat on her property by shooting it through the head with a bow and arrow. Lindsey had seen the cat fighting with her cat and defecating in her horse feeders and believed the cat to be a feral cat. However, there was evidence that the cat actually belonged to the neighbor and was a pet. Lindsey posted a photo of herself holding up the dead cat by the arrow. The photo was shared repeatedly and the story ended up reported on several news outlets. The Board received more than 700 formal complaints and more than 2,700 emails about the incident. In 2016 the Texas State Board of Veterinary Medical Examiners (the Board) initiated disciplinary proceedings against Lindsey seeking to revoke her license and alleging violations of the Veterinary Licensing Act and Administrative Rules. While the proceeding was pending, Lindsey filed a petition for declaratory judgment and equitable relief in the trial court. The grand jury declined to indict her for animal cruelty. Due to this, Lindsey asserted that the Board lacked the authority to discipline her because she had not been convicted of animal cruelty and her act did not involve the practice of veterinary medicine. The administrative law judges in the administrative-licensing proceeding issued a proposal for decision and findings of fact and conclusions of law which the Board adopted and issued a final order suspending Lindsey's license for five years (with four years probated). Lindsey then filed a petition for judicial review in trial court after the Board denied her motion for a rehearing. The trial court affirmed the Board's final order. This case involves two appeals that arise from the disciplinary proceeding filed against Lindsey by the Board. Lindsey appeals the first case (03-16-00549-CV) from the trial court denying her motion for summary judgment and granting the Board's motion for summary judgment and dismissing her suit challenging the Board's authority to bring its disciplinary action. In the second case (17-005130-CV), Lindsey appeals from the trial court affirming the Board's final decision in the disciplinary proceeding. Even though Lindsey was not convicted of animal cruelty, the Court of Appeals held that the Board possessed the authority to determine that the offense of animal cruelty was sufficiently connected to the practice of veterinary medicine. Lindsey also did not have effective consent from the neighbor to kill the cat. The Board had sufficient evidence that Lindsey tied her profession to the shooting of the cat through the caption that she put on the photo that was posted on social media. The Court of Appeals ultimately overruled Lindsey's challenges to the Board's authority to seek disciplinary action against her veterinary license in both appeals as well as her challenges regarding the findings of fact and conclusions by the administrative law judges. The Court affirmed the judgment in both causes of action.
|Lira v. Greater Houston German Shepherd Dog Rescue, Inc.
In this case, plaintiff’s family dog, a German Shepherd named Monte, ran away and was rescued by Greater Houston German Shepherd Dog Rescue (GHGSDR). The organization refused to return the dog to plaintiff, so plaintiff filed suit against GHGSDR. The court found that there is no common law that states that a dog owner loses property rights to its dog if it runs away and is found by someone else. The court also looked to whether or not there was a city ordinance that would determine the proper ownership of the dog. Ultimately, the court found that the city ordinance regarding stray dogs did not strip the plaintiff of ownership rights because the dog had run away. The court also held that if there were any doubts as to the meaning of the ordinance, it should always be read “against a forfeiture of property.” The Supreme Court of Texas reversed judgment of the court of appeals and rendered judgment reinstating the trial court's judgment that Monte belonged to the Liras and the court properly enjoined GHGSDR to return him to his owners.
|Loban v. City of Grapevine