Pleadings, Memoranda and Briefs

Pleadings/Briefs/Memoranda

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Notice of Appeal

Triana v. Marion County, Florida - Notice of Appeal/Request for Hearing  - Preserves the argument for De Novo hearing, and follows the language in the Florida Dangerous Dog law. 

Jurisdiction

Grunnah v. Marion County, Florida - Brief of Appellee  - Arguing County Court is without appellate jurisdiction to hear a dangerous dog appeal. The County did win on the Writ of Prohibition, however.

Writ of Replevin

Stefaniw v. Marion County - Writ of Replevin - Count I of this complaint is for Replevin, and contains all the required allegations under the Florida Replevin statute.

Stefaniw v. Marion County - Further Showing Affidavit - an example of a "Further Showing" affidavit required to be filed with the Complaint under the Florida Replevin statute.

Friends Forever Rescue v. Allende - Order Granting Replevin

Defensive pleadings

Lipsky v. Broward County, Florida - County's Motion to Dismiss Writ of Replevin  - Granted by the trial court as to jurisdictional amount.

Motion to Relocate Dog

Hoesch v. Broward County - Motion to Relocate

Motion to Visit Dog and Examine

Stefaniw v. Marion County - Motion to Visit Dog and Examine

Motion for Behavioral Examination

Stefaniw v. Marion County - Motion for Behavioral Examination

Motion for Emergency Stay Pending Appeal

Triana v. Marion County - Motion for Emergency Stay Pending Appeal

Lipsky v. Broward County Animal Care and Regulation Division - Motion for Stay of Classification Pending Appeal

Lipsky v. Broward County Animal Care and Regulation Division - Memo Of Law In Support of Motion For Stay Pending Appeal

Destruction of Dog constitutes forfeiture

Oliver v. Clay County - Memorandum of Law In Support of First Amended Complaint - argues impoundment, seizure and declaration to destroy dog amounts to forfeiture and requires clear and convincing evidence.

Procedural Due Process

Mansour v. King - Brief of Appellant

Mansour v. King - Reply Brief

Mansour v. King - Court Decision

Schoendorf v. City of Spokane - Motion for Declaratory Relief

Schoendorf v. City of Spokane - Court Decision

Stefaniw v. Marion County Animal Services - Notice of Intent to Argue Due Process Violations

Oliver v. Clay CountyMemorandum of Law In Support of First Amended Complaint

Downey v. Pierce County - Brief of Appellant-Writ of Certiorari

Substantive Due Process (Government limited to least restrictive alternative)

Oliver v. Clay County - Memorandum of Law In Support of First Amended Complaint

Burden of Proof (Dangerous Dog - preponderance of evidence)

Mansour v. King - Brief of Appellant (Preponderance of the evidence)

Burden of Proof (Destruction/Euthanasia - clear and convincing)

Oliver v. Clay CountyMemorandum of Law In Support of First Amended Complaint  (Clear and convincing in forfeiture/euthanasia)

Injunctive Relief

Schoendorf v. City of Spokane - Motion for Emergency Injunction

Stefaniw v. Marion County Animal Services - Complaint for Injunctive Relief

Hoesch v. Broward County - Complaint for Injunctive Relief

Declaratory Relief

Schoendorf v. City of Spokane - Motion for Declaratory Relief

Stefaniw v. Marion County Animal Services - Complaint for Declaratory Relief

Hoesch v. Broward County - Complaint for Declaratory Relief

Oliver v. Clay County - First Amended Complaint for Declaratory Relief

Constitutionality of Ordinance

Hoesch v. Broward County - Appellant Brief - argues Broward County may not define dangerous dog in its ordinance as killing a domestic animal once, when state statute requires two domestic animal fatalities.

Hoesch  v. Broward County - Reply Brief

Stefaniw v. Marion County Animal Services - Notice of Intent to Argue Due Process Violations - argues the unconstitutionality of the Marion County Dangerous Dog Ordinance based on the Dual Office rule, due process, and the primacy of the State Dangerous Dog law. 

Oliver v. Clay County - Memorandum of Law In Support of First Amended Complaint  - argues burden of persuasion, burden of proof, neutral fact finder, forfeiture and dog ownership is a fundamental right requiring the least restrictive alternative. 

Austin v. Broward County Animal Care and Regulation Division - Appellant Brief - argues unconstitutionality of the Broward County Ordinance in redefining the definition of dangerous dog, improper switching of burden of proof, unauthorized penalty of euthanasia after appeal, and the unconstitutionality of the ordinance based on overbreadth and  vagueness. 

Defensive pleadings

Austin v. Broward County Animal Care and Regulation Division - Appellee Brief - argues County has power and right to regulate and competent substantial evidence supported classification. The appeal was never heard due to County rewrite of Dangerous Dog law. 

42 USCA § 1983

Sammeth v. City of Seattle - Complaint

Sammeth v. City of Seattle - Court Decision

Settlement

Oliver v. Clay County - Settlement Agreement with County  - Banishment and release

 

 

Dangerous Dog Law

Helping to defend our best friends. Dangerous Dog Law (DDL) focuses on the legal defense of allegedly dangerous dogs. DDL is a member of the Pit Bulletin Legal News Network.

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