ASK A LAWYER-Can 1st Owner Reclaim Adopted Pet?

Orlando Sentinel, May 3rd, 2010

Question:
Several months ago my family adopted a dog from a reputable animal-rescue group that got the dog from a county pound.

We love the dog and already consider him part of our family, but we also realize the dog’s original owner may be looking for him and could track him down. If that happens, would the original owner have a legal claim?
C.R.
Casselberry

Answer:
Pets, although our beloved companions, are considered personal property under Florida law. A “true” owner generally has rights to “lost” property superior to those of a “finder,” and may therefore potentially assert ownership of an adopted pet.

Although there appears to be no published Florida precedent resolving this particular issue, a Vermont court has considered other factors (such as the adopter’s efforts to locate the true owner, and how long the adopter has cared for the pet) in allowing the adopter to keep the adopted pet.

Although not binding in Florida, the Vermont case may be persuasive authority in your favor. Additionally, local ordinances may authorize animal-control agencies to make pets available for adoption, if the agency’s efforts to find the true owner are unsuccessful. Local pet-adoption ordinances (and how long you have had your adopted pet) may therefore potentially help defeat an original owner’s claim.

Visit our website for more information on this subject.

Frank Pohl founded Pohl & Short, P.A. based upon the belief that a high quality small commercial law firm was needed in the Orlando, Florida area as an alternative to the large commercial law firms. He still believes that client responsiveness and satisfaction has a place in a fast changing legal profession. Frank has been involved in the Central Florida community for more than twenty-five years. He has been a dedicated past board member of many local organizations over the years. Frank graduated magna cum laude with a B.G.S. Degree from the University of Miami in Coral Gables, Florida; attended the University College at the University of London as an undergraduate studying British literature and British history; obtained his Juris Doctorate Degree in 1979; and obtained a Masters of Law and Letters Degree (LL.M.) from New York University School of Law in 1980. Frank is a member of The Florida Bar, the California Bar, and the District of Columbia Court of Appeals. He is also admitted to the U.S. Supreme Court. He has served on the Orange County Bar Association Real Estate Committee and is a member of the The Florida Bar’s Real Property and Corporation and Business Law Section. He has also served on the Florida Bar Grievance Committee.