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.

Related Topics:
1 Lawyer Answer
Mr. Lowell J. Kuvin
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.