Legal Question in Civil Litigation in Florida

Here's the situation. My sister, Nysrene, has a dog, Kaiser that she's had for over a year now. Due to some housing issues, Kaiser was being watched by a friend, Gail, who happens to also be a lawyer. After Nysrene was able to get a house of her own, she retrieved the dog from Gail, but sometimes sent Kaiser to play with Gail's dogs (the dogs had developed a bond). Yesterday, while Nysrene was out, Gail came by her place and asked a house-mate if she could take the dog. The house-mate, knowing that Gail was a friend who often watched the dog, let her. Now, Gail has registered and micro-chipped the dog for herself and is refusing to release it. Nysrene has no official documentation to show her ownership, as she was just getting ready to go later in the week to get a microchip (though we don't know if Gail had already registered the dog prior or if it was after the abduction). What legal recourse, if any, would Nysrene have to retrieve her pet and bring charges against Gail? Again, Gail is a lawyer herself and it seems she has all the legal bases covered.


Asked on 8/08/09, 9:42 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I am not going to be the judge here. But... pets are personal property under the law (not like kids, no matter their emotional value). Gail may claim that Nysrene has abandoned the property after an entire year, and therefore, as abandoned property, Gail may dispose of the property or claim its ownership. Gail may also claim that since she paid for "storage" for the dog for a year, the amount of money she paid to keep the dog is equal to the value of the dog, and therefore, she "bought" it.

Gail has not opened herself up to any charges. Charges are criminal, and she has not stolen the dog, in my opinion, after letting it reside with her for a year. Gail may be civilly liable for the value of the dog, but realize that in which case, she will sue you for every dime she paid to take care of that dog which may be greater than the value of the dog.

Your sister may be out of luck, but again, it's for a judge to decide. Good luck.

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Answered on 8/08/09, 10:00 pm


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