Here's the scenario: wealthy older woman drafts her will, and in it leaves her fortune to her cats for their lifetime, after which the money goes to the Butler. The Butler, not willing to wait that long, seeks to remove the cats from the equation, hence becoming next in line to inherit the wealthy woman's fortune. While great for a Disney film, in Florida this could never happen, because animals are considered property, they cannot inherit money or property. So what happens t

The Model Penal Code (or MPC) is the examination of a criminals ‘mental state’. It is utilized in Florida when determining whether or not a crime was committed on purpose or not. Also referred to as ‘Mens rea’ in snobby circles, it is usually used to mean “culpability.” An example may help illustrate this theory, and why its so tough to hold a dog owner liable in criminal court when the unexpected happens. Here is a multiple-choice question for you: Devin owns a chihuahua nam

Florida Statute § 767.04 seems fairly harsh at first glance; except in cases where a dog bite victim ‘asked for it’ or provoked the dog, Owners of dogs are liable for harm done by their pet. It’s a theory of Tort law called ‘Strict Liability,’ which is exactly what is sounds like; you may be responsible for committing an action (or for your dog committing an action) regardless of what your mental state or intent was. Seems like there is not much room for error there, and yet,

Fla. Stat. § 413.08 (1)(d) defines “Service animal” as an animal that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work done or tasks performed must be directly related to the individual’s disability and may include, but are not limited to, guiding an individual who is visually impaired or blind, alerting an individual who is deaf or hard of hearing, pullin

Breed and weight restrictions are prevalent in condominiums and apartments. Many people with well-trained pets are prevented from living in the communities they would like. A well-known new exception to these rules are emotional support and service animals registrations., but even with these exceptions some boards or HOAs push back; sometimes they accuse would-be renters or condo purchasers of faking prescriptions or fraudulent registrations! These accusations don’t have to b

Pet sitting, trainers, grooming and daycares are BIG business. The pet-care industry makes over $594 million annually! Major chains such as Petsmart and Petco don’t just sell doggy apparel, treats and accessories; they often have dog boarding and grooming facilities in-house. These other services have a great responsibility in caring for your pet, but sometimes this duty of care is neglected. An outbreak of hidden camera videos have been hitting social media; groomers hitting

Animal lovers often care for the neighborhood strays, despite not actually owning these animals. You or your neighbors may feed feral cats and stray dogs; but there are some people who find these strays to be a menace. Food tins being strewn about, water bowls left to become mosquito breeding grounds or a rapid increase in the animal population can come with consequences, such as other neighborhood pests and rodents. So, how do we address the problems that come with feral cat

A classic, bad faith move in a nasty divorce or breakup is to limit or eliminate a father’s visitation rights with their child. But as co parents, this is not OK and is often not in the best interests of your shared minor child. Children deserve to have two parents when possible. So what can you do? How do you get your baby back? The first question that needs to be answered is, were you and your ex married? This one detail can affect your position substantially. In Florida, w

It’s every kids fantasy. Skipping through a pet store, looking through the enclosure windows at adorable, wide eyed and furry little puppies. Everything about them is cute; their little yips and when their feet kick during belly rubs. They’re all so wonderful- which shall you pick? Then it happens- your eyes meet from across the room. You walk up to this defenseless little pup staring back up at you and think to yourself, “that’s the one.” A sales associate walks up and you a

Once I fell walking into a hibachi grill. It was a crowded Saturday night and there were at least ten tables, all full of hungry families watching rice get fried and onion tower volcanoes. I hadn’t taken but four steps in through the door and WHOOSH- down I went. I was maybe fifteen or sixteen at the time, so the first feeling to course through my mind was “Oh gosh; how EMBARRASSING”. I picked myself up and brushed myself off, and followed the hostess to our table, a little w