Legal Question in Civil Litigation in Florida

I found a lost dog posted signs every so the owner can find the dog after 4 months the dog owner never answer the adds so I then to the dog to get fix ,chip and to clam it as my own now a month later the own finds me walking the dog calls the cop and has me go to a civil clams and wants the dog back she said she has the right because she has a photo of the dog and papers for the dog but tell her and the cops she didnt noting to find the dog and never reported the dog missing and when I found the dog it did have and tags or chip nor was the nuter it was in bad health and dirty when i found her and when i to the humane shelter i ask them if they can watch her and they rold me they would be a fee to leave her and that it would be better to keep her my self what do I do? What are my rights in small claims court as the new owner and current register owner? What are my chances in court?my kids and family love this dog and I want to do every thing possible to keep her

Asked on 7/07/13, 6:59 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

In small claims court you cannot lose ownership. The small claims court has no equity powers to force you to give the dog back. The small claims court can only assess damages if appropriate. The circuit court is where an equity claim seeking ownership transfer would have to filed. It can be an expensive proposition.

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Answered on 7/07/13, 8:02 am

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