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  1. #1
    Join Date
    Oct 2019
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    1

    Post Taking Pet Shop to Small Claims Court - Sold Dog with Parvovirus

    My question involves a consumer law issue in the State of: Florida

    I have filed a claim in Small Claims Court to recover cost of dog and medical expenses in treating dog who died 5 days after brining it home. Dog was diagnosed with Parvovirus.

    I have just received a "Motion to Invoke Florida Rules of Civil Procedure" from the defendant's attorney. Do I need to hire an attorney? What does this mean I should do?

  2. #2
    Join Date
    Jul 2018
    Posts
    1,733

    Default Re: Taking Pet Shop to Small Claims Court - Sold Dog with Parvovirus

    Quote Quoting YDR
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    I have just received a "Motion to Invoke Florida Rules of Civil Procedure" from the defendant's attorney. . . . What does this mean I should do?
    Have you read the motion? If not, please do so and then summarize for us what it says.

    Also, why do you think you're entitled to anything from the pet store? Did the store give you a warranty regarding the dog's health?

  3. #3
    Join Date
    Mar 2013
    Posts
    17,221

    Default Re: Taking Pet Shop to Small Claims Court - Sold Dog with Parvovirus

    Quote Quoting YDR
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    I have just received a "Motion to Invoke Florida Rules of Civil Procedure" from the defendant's attorney. Do I need to hire an attorney? What does this mean I should do?
    The first thing to know about motions is that you have to respond to them and say why the other party's motion should not be granted. Motions can be granted if they are unopposed and you don't want this one to be granted. The store's lawyer wants to make this so complicated for you that you'll back off or lose on a technicality.

    You can get an idea of just how complicated this can all be by reading the Florida Rules of Civil Procedure:

    https://www-media.floridabar.org/upl...ted-1-1-19.pdf

    I call your attention to Rule 1.010 on Page 10:

    RULE 1.010. SCOPE AND TITLE OF RULES
    These rules apply to all actions of a civil nature and all special statutory proceedings in the circuit courts and county courts except those to which the Florida Probate Rules, the Florida Family Law Rules of Procedure, or the Small Claims Rules apply.
    If it was me I would file a response to the motion saying that the motion should be denied because the Florida Rules of Civil Procedure expressly excepts Small Claims because Small Claims Rules apply.

    Here are the Small Claims Rules:

    https://www-media.floridabar.org/upl...all-claims.pdf

    As for hiring an attorney, that's up to you and depends on how much money you are suing for compared to how much you are willing to spend on a lawyer at about $300 per hour.

    Quote Quoting pg1067
    View Post

    Also, why do you think you're entitled to anything from the pet store? Did the store give you a warranty regarding the dog's health?
    Looks like Florida has a statutory warranty that YDR may qualify for:

    http://www.leg.state.fl.us/Statutes/...s/0828.29.html

  4. #4
    Join Date
    Nov 2013
    Posts
    6,465

    Default Re: Taking Pet Shop to Small Claims Court - Sold Dog with Parvovirus

    Good work Jack. Right on point.
    Like button.

  5. #5
    Join Date
    Mar 2013
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    17,221

    Default Re: Taking Pet Shop to Small Claims Court - Sold Dog with Parvovirus

    Thx, Budwad.

  6. #6
    Join Date
    Oct 2006
    Posts
    15,673

    Default Re: Taking Pet Shop to Small Claims Court - Sold Dog with Parvovirus

    Quote Quoting pg1067
    View Post
    Have you read the motion? If not, please do so and then summarize for us what it says.

    Also, why do you think you're entitled to anything from the pet store? Did the store give you a warranty regarding the dog's health?
    Every pet I have ever purchased from a pet store had a health warranty.

  7. #7
    Join Date
    Dec 2012
    Posts
    1,013

    Default Re: Taking Pet Shop to Small Claims Court - Sold Dog with Parvovirus

    Unless the Pet Store sponsors adoptions through rescue groups (PetSmart does this) NEVER purchase a pet from a pet store. These tend to come from puppy mills; terrible conditions for the adult dogs.

    The difference is that adoption costs through rescue groups are typically reasonable for what vetting the dog/cat has received while pets purchased directly through the pet store often cost quite a bit more and the store cannot provide any history on these animals.

    Gail

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