Motion Entry on Land

Motion for Entry on Land

In most cases, the dog is kept at Animal Control after seizure and through the legal proceedings.  In Marion County, and many others, they deny all visitation to the dog by even the owner. Information about the health of the animal is difficult to obtain, with calls to the shelter going unanswered, and promises of allowing the owner to talk to the vet going unfulfilled.

One you are in court on either replevin, declaratory relief, injunctive relief, or even de novo appeal, you might consider filing a Motion for Entry Upon Land pursuant to your rules of procedure.  Florida allows such a motion under FRCP 1.350. The purpose of the rule in Florida is to allow litigants to:

(t)o permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object...

Since there usually is a complete denial of access to the shelter where the dog is being held, it could be argued that you are entitled to access for the purposes of visiting your dog and further to have the dog examined to make sure it is healthy and being properly cared for. This particularly true in the instance where the dog being held has substantial health issues that need medication and close monitoring. I haven't seen it done yet, but I think a reasonable judge would consider allowing it.  It would, in any case, show the court the fact that the dog is being held in solitary confinement and without exercise.

SAMPLE PLEADING

Stefaniw v. Marion County - Motion for Entry Upon Land - I would add to this motion a request for visitation of the dog on a schedule

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