Legal Question in Civil Rights Law in Florida

i had a 1 yr old mini schnauzer that i gave to a lady that is friends with my friend on mother's day with the understanding that if she didnt want the dog that she could return her to me at any time without question. i only gave her the dog because she doesnt work and has another dog that she walks and is really good to, and i thought that if she wanted her so bad it would be allright or she could give her back. the lady felt that the two dogs were too much and she was not giving her dog enought attention but never contacted me and gave or sold (i'm not reallh sure) the dog to her maintenance man at her apartment complex and he gave or sold to some family that i have no idea where she is. when i found out i asked her for the dog back, she only gave me the maintenance guys ph.# and he refuses to give me the dog back. what can i do to get the dog back? thank you teresa in tampa fl


Asked on 5/16/10, 1:25 pm

1 Answer from Attorneys
Steven Meyer CPLS, P.A.

I'm sorry to hear about the situation with the dog. It really comes down to your word against the word of the woman to whom you gave the dog, about what your agreement was. I assume that you have nothing in writing regarding this agreement. Even an e-mail from the woman might be enough to establish what the agreement was.

The woman will say that you gave her ownership of the dog, so you have no right to get the dog back. In order to get the dog back, you might have to file a claim in court for something called specific performance. This type of claim cannot be filed in small claims court. You would have to file it in the civil division of the county court, or in the civil division of the circuit court. This can get expensive, and the case may go on for some time.

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Answered on 5/21/10, 4:05 pm


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