Opinion
3D23-1706
03-27-2024
Anamarie Kelly Stoppa, Appellant, v. Miami-Dade County, Appellee.
Anamarie Kelly Stoppa, in proper person. Geraldine Bonzon-Keenan, Miami-Dade County Attorney, and Cristina Rabionet, Assistant County Attorney, for appellee.
Not final until disposition of timely filed motion for rehearing.
An appeal from the County Court for Miami-Dade County, Lower Tribunal No. 23-13685 CC, Michael G. Barket, Judge.
Anamarie Kelly Stoppa, in proper person.
Geraldine Bonzon-Keenan, Miami-Dade County Attorney, and Cristina Rabionet, Assistant County Attorney, for appellee.
Before MILLER, GORDO, and LOBREE, JJ.
PER CURIAM.
Affirmed. See § 828.073(1)(b), Fla. Stat. (2023) (providing for removal of neglected or mistreated animals from unfit owners by "the county court, any law enforcement officer, . . . or any agent of any county or of any society or association for the prevention of cruelty to animals"); Brinkley v. County of Flagler, 769 So.2d 468, 470, 474 (Fla. 5th DCA 2000) (affirming trial court's order upholding section 828.073 as constitutional, finding owners were "unfit and unable to adequately provide for the animals as proscribed by section 828.073[,] and order[ing] that the animals be turned over . . . for appropriate placement and disposition"); see also Helwig v. Bugby o/b/o S.J.H., 306 So.3d 1243, 1247 (Fla. 1st DCA 2020) ("The 'permanence' of such injunctions is not that [a party] has forever lost his [or her] right[s] . . . but rather a prohibition until a further order of the court modifies or disposes of the injunction."); Jackson Grain Co. v. Lee, 7 So.2d 143, 146 (Fla. 1942) (en banc) ("There is no doubt but that the court which renders a decree for a permanent or perpetual injunction may open or modify the same where the circumstances, and circumstances of the parties, are shown to have so changed as to make it just and equitable to do so, and especially where the decree itself reserves the right.").