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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My 17 pound tibie has been found to be vicious. I lost at a

Customer Question

My 17 pound tibie has been found to be vicious. I lost at a hearing and have transferred the dog outside county. I have been fined because I will not disclose
where the dog is. They said they will fine me every day that I fail to sign the affadavit. I was hoping to appeal the case in the circuit court if I could find the approprriate lawyer.
I do not want the new owner harassed - he lives in a condominium and could be
required to get rid of the dog if his HOA finds that the dog was declared vicious in another county.
I do not trust the authorities anymore - the hearing was a hoax.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
What will be done to another owner in another county?
Will he be required to comply with all the demands that are being made of me?
Will they advise his neighbors?
I have had to let the poor dog go as my HOA will sue to get rid of the dog since he has been declared vicious.
The whole thing is an overblown issue and I am entangled in a mess.
Expert:  Sam replied 1 year ago.

Hello

this is Samuel and I will discuss this and provide you information in this regard.

SO to be clear, your dog was deemed "vicious" after a hearing? And this was brought on why? And how long ago was the hearing? Was the hearing with Florida Animal Services or your County Animal service- which would be what county?

Customer: replied 1 year ago.
My dog was declared vicious by animal control. A neighbor submitted a complaint ten days after an incident when her twelve year old was bitten by my two dogs. One dog got a warning - the second dog was declared vicious. I asked for a hearing within the time period allowed - the mother of the vic***** *****ed completely about being a witness, Said she was hiding behind a truck. My husband never saw her, brought the boy back to me for first aid. Ten days later she reported my dogs to animal control. I lost the hearing because of this lying witness. Now I refuse to sign an affidavit as to where the animal is. I transferred the animal outside of the county. If I don't give the name and address. they will continue to fine me $108 per day.
The new owner does not want to be harassed, and if his condo finds out he has a "vicious" animal, they can require him to get ride of the dog. That is the same reason I can't keep him. My HOA will sue to have him euthanized. This case should never have come to the sheriff to start with. There was no doctor, no clinic, no hospital who saw the child. The mother is mad that my husband did not look in after him after the incident. If she plans to sue me, I feel her grievance is frivolous. How do I avoid another $108 fee and not disclose the whereabout of the dog?
Expert:  Sam replied 1 year ago.

Thank You for the additional information.

Have you appealed?

Expert:  Sam replied 1 year ago.

You can make an appeal to the Animal Services Classification Committee in the county where the dog was deemed vicious. the problem is, it is your word against her word and you would need to prove she never saw what she is testifying to.

Expert:  Sam replied 1 year ago.

If you have made that appeal and lost, then your next step would be to request the Circuit/Superior Court hear you on an injunction to stop the imposing of the fines.

Expert:  Sam replied 1 year ago.

I suggest getting a court to do that will not be easy, and again it would mean you need to prove the witness is lying. That they never saw anything.

Customer: replied 1 year ago.
The only appeal I am allowed is in the circuit court. This appeal would not involve how evidence was handled in this case.
The appeal would be on the correctness of the magistrate handling of the case.
I have been told that the only appeal would be on the constitutionality of the statute that was applied to my animal.
My question: how do I avoid this $108 fine that will be applied daily as long as I don't revealk where the dog is?
Expert:  Sam replied 1 year ago.

File for an injunction to have the court order the fine be abated until the matter is brought to circuit court. You will need to file a Notice of Intent to Appeal. And also the Petition for the injunction. You can have the fines abated until after a court adjudicates your merits for the appeal. If you do not win, then the fines and interest will be imposed. Possibly, if the court orders you to release the information and you do not, you would also be held in contempt of court.

Expert:  Sam replied 1 year ago.

I am sorry that this has happened to you. And I wish there was better information to your benefit.

Customer: replied 1 year ago.
How do I file for this injunction. So far, I don't have a lawyer.
Can I go to the clerk of the court and file for this injunction?
Expert:  Sam replied 1 year ago.

The clerk might might have a form. You want to file under Florida Rule 1.610. If the clerk does not have a form, ask if they have one from another file that you can use as a sample guide.