Legal Question in Consumer Law in Florida

Re: Puppy received as gift

Based on (1) The relationship, (2) The nature of the item deliverd to your daughter - i.e. a puppy; and (3) the fact that it was on valentine's day, you would more than likely be able to show that the dog was a "gift" and therefore would belong to your daughter. The following are excerpts from Florida Jurisprudence 2nd on Gifts. :

"A gift is a voluntary transfer of property made without consideration or compensation.[FN1] The elements of a valid gift are generally considered to be donative intent on the part of the donor,[FN2] effective transfer and delivery of the subject of the gift,[FN3] and acceptance by the donee."

transfer of property by one living person to another without any valuable consideration.[FN8] There must be a surrender of dominion over the thing [FN9] and a concurrent intent to pass title.[FN10] No further act of the parties or other contingency, such as death, is needed for the gift to become effective.[FN11]

Payment of money cannot be both a loan and a gift at the same time.[FN12]

A gift inter vivos may not be revoked by the donor, the donor's heirs, or the donor's personal representatives.[FN26]

If the purported donee has incurred expenses as a result of an incomplete gift, the doctrine of equitable estoppel may preclude the donor from revoking his or her undertaking.[FN27]

Good luck to you and your daughter

Randall Gilbert