Apopka, FL asked in Family Law for Florida

Q: CAN I APPEAL A JUDGES DECISION ON AN IMMEDIATE POSSESION CASE, WHERE MY EX IS SEEKING OUR DOG.

She ruled in is favor without looking at my evidence just because he had old vacination records, from years ago. I had e-mails proving the animal was both of ours, and that he did not ask for him back until he realized I would never take him back. He even sent me a text after court stating sad all I wanted was you back.

He left the dog to my daughter who is 6 and she has fed, bathes, cleaned his ears, and walked him for the last 8 months that he has lived in our home. The judge ruled that an animal is considered property and because he had the old records that he owned the dog. This is like giving a gift to someone and taking it back because your angry and want to hurt them. I need to know what I can do and fast.

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1 Lawyer Answer

Mr. Lowell J. Kuvin

Answered
  • Miami, FL
  • Licensed in Florida

A: Believe it or not, but I had almost the same thing happen to me with a dog. The answer to your question is yes, you can appeal the decision of the court. Most likely the appeal must be filed within 30 days. If you wait 31 days, you are too late and the court will reject the appeal. There is a filing fee. County court appeals to the Circuit appellate division. Circuit court appeals to the District Court of Appeal. You need to argue that your evidence was not viewed by the court and that your due process rights were violated because you were deprived a "property," the dog.

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