Pleadings/Briefs/Memoranda
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 County - Memorandum 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 County - Memorandum 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
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