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Florida Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for Florida on
Q: My husband and I were given 3 dogs over the years from a rescue person that was a personal friend. We never signed paper

nor exchanged money. We were given another dog in January that she is now threatening to take back because she and I had differing opinions on Facebook. The dog was given to us at local store that is owned by A

couple who also works with rescues. A picture was taken of the woman from the... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 9, 2020

It sounds like the dog is legally yours, whether you paid money, signed a contract, or not, or were given the dog as a gift. Verbal contracts of donative intent or verbal contracts conveying ownership are just as enforceable as written contracts.

2 Answers | Asked in Contracts and Animal / Dog Law for Florida on
Q: If I adopt a pet from a pet rescue, does said paid belong to me or am I just 'renting' it from the agency?

I recently got a cat from a pet rescue. When adopting the cat I had to fill out a lengthy adoption contract. A few parts concerned me and I was hoping someone could provide clarification.

"1: I understand that I am not PURCHASING a pet but ADOPTING and SAVING THE LIFE of a homeless... Read more »

Charles M.  Baron
Charles M. Baron answered on Jul 5, 2020

You're confused by the language "not purchasing", and I can understand your confusion. From your brief description, it appears the intent of the agreement is that the pet is not being sold to you, but rather is given to you as a GIFT. It calls the adoption fee a... Read more »

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1 Answer | Asked in Animal / Dog Law for Florida on
Q: Am I allowed to sue for damages if my unregistered dog was attacked by my neighbor’s unregistered/ unvaccinated dog?

This happened during a walk that they had a plank that was loose on their fence and they moved it to the side, allowing a hole large enough for their dog to escape out of. An hour or so later they fixed the fence so is that negligible on their part since it was easily fixed with the plank there and... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 3, 2020

Yes, but generally your damages are limited to the value of your dog or veterinary bills. You could also call animal control and get this person charged with the crime and get restitution through the criminal

Process.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: What type of signage do I need to have in my property to protect me and my dog?

I moved to a 1.25 acre home and want to know what type of signs I need in case someone enters my property and my dog(s) are loose.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 29, 2020

How about "Beware of the dogs."?

Hopefully you also have insurance.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Can I be sued if my dog gets the neighbors dog pregnant?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 29, 2020

Perhaps.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Can someone give your dogs away, that they agreed to hold for you? The home is owned by both parties!

I currently live in Central Florida and due to extenuating circumstances, I had taken my dogs to Miami, where I owned a house with my soon to be ex. The verbal agreement was that as soon as the house sold and I could find a place to live I would pick the dogs. Well, he has sold the house refuses to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2020

Do you know who he gave the dogs to? If so, contact them and tell them they are your dogs and you want them back.

I suspect that this may relate to another question which I just answered here. I would be helpful if you could put all of the details in the same "question".

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Can I own a dog without living with them? My grandparents want me to be the legal owner of their dog but stay with them.
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2020

Can you own the dog while not living with your grandparents? Sure. Who would take care of the dog? Whatever the arrangement, get it in writing.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: If person has a found dog and sees signs looking for dog, but doesn't contact authorities or call owner, is it stealing?

Thank you Mr. Thorgaard! 1. If the man knew the dog was missing and made no attempt to return it, isn't that theft, assuming he saw the posted flyers, and received the email with a flyer sent to him. 2. After receiving an anonymous call telling me the man had the dog, I'm suspicious she... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 2, 2020

I think what I was trying to suggest is that it is doubtful that she would be prosecuted because she can claim to be unaware of the posters, etc. The authorities would have to prove, beyond a reasonable doubt, that she knew the dog was yours. They may feel that proving that would be difficult.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Person finds lost dog, doesn't report finding, still has dog. Now 5 months. Can they legally keep it now?

Friend lost dog in Destin, from Panama City (12/19/19) On 12/20/19 witness reported seeing man with it at apts. He didn't report it found, made no attempt to find owner. Flyer was sent to residents, no one came forward. Posted in every lost dog group and internet group possible. After 5 mnths... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 1, 2020

No, it is not the person's dog and he can't keep it. But it probably can't be proven that the dog is stolen.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Is a landlord allowed to tell someone with a non aggressive esa dog to get pet insurance to obtain tenancy?

I was trying to move into a friends trailer and rent a room from him. He asked the property manager for a background check as he was pointing to me for whom. I had just walked up with my esa dog. The manager pointed to my ESA stating "I told you no dogs" ,"no dogs no dogs no... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 2, 2020

If the landlord doesn't want to rent to you, he doesn't have to.

2 Answers | Asked in Employment Law and Animal / Dog Law for Florida on
Q: Can my boss force me to handle dead rattlesnakes?

I work at a gas station in Florida my boss/owner buys dead rattlesnakes from people that brings them to the store, then they have to be measured then placed into the walk in cooler until the boss takes them wherever, the people are then paid out of the register by whoever is on shift at the time... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 18, 2020

Yes, your boss can require you to do that. I don't believe there such a license.

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1 Answer | Asked in Agricultural Law and Animal / Dog Law for Florida on
Q: What is the minimum age in Kentucky for a breeder to sell a puppy.

I want to buy a puppy but breeder wants to give to me at 5 weeks old . Is this legal? I tho they need to wait 8 weeks .

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 11, 2020

This section of this site is for questions concerning Florida law. Ask your question in Justia > Ask a Lawyer > Kentucky.

1 Answer | Asked in Contracts and Animal / Dog Law for Florida on
Q: Need assistance with a co-ownership!

I sold a purebred puppy on co-own to someone, with the verbal agreement that I get pick puppy from the first litter. After that, I would sign full ownership over to her. She has now “forgotten” that we had the agreement, now that the dog has her first litter and is refusing to give me my pick... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 5, 2020

Sure, many attorneys can help you with, and represent you on. a breach of contract matter, which is what you have, but in your case, you'd likely have to pay an attorney FAR more than the monetary value of the pup you were supposed to receive. If the person who breached the agreement... Read more »

2 Answers | Asked in Animal / Dog Law for Florida on
Q: So I have a Bullmastiff. We had friends over and a 7 year old fed my dog a sponge. We can only prove it cuz

The vet did a $5k surgery to remove it. Can I sue the parents.? They both think my dog was stupid cuz he ate it. But the child put it in my dogs reach.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

Dogs are allowed to be stupid. The question, nevertheless, would be whether the parents were negligent by allowing their child to eat the sponge. For the purpose of this question, I shall assume the surgery was necessary.

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1 Answer | Asked in Animal / Dog Law for Florida on
Q: What is the process of picking your dogs up from shelter? My 2 dogs got out & someone took them to the local shelter.

Called shelter but they’re closed

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 17, 2020

Wait until the shelter is open, call the shelter, and ask, obviously.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Will I get arrested for keeping my dog.?

.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 15, 2020

No, you won't be arrested. He would have to sue you for possession of the dog. If he prevails in court the judge would order you to give the dog to your BF. Only then, should you disobey the court order, would you be in danger of being arrested.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: My boyfriend bought a puppy but she has lived with me for 4 months. Can he legally take her?

.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 13, 2020

This is not a legal question. But common sense tells us that if your boyfriend bought the puppy it belongs to him. If he GAVE the puppy to you as a GIFT, then it is yours. But there is no easy answer under your set of facts. Work it out.

2 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Florida on
Q: Should I get a lawyer & is my case strong? can I sue for my time being wasted in court when I don’t have time for this?

I make the payments for the dog everything is in my name. Took it to grooming etc. The dog was a gift to my family, ex thinks it was a gift to her as well because she would take it on weekends & do things with him, buying him toys & grooming as well, voluntarily when we were together. when... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 25, 2020

You didn't say whether your ex was married to you or not, but I assume you were not married because if you were, this would be an issue in dissolution of marriage proceedings in the family court. I assume you mean she filed suit in small claims court. Answer to question, "Should I get a... Read more »

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