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Anamarie Kelly STOPPA, Appellant, v. MIAMI-DADE COUNTY, Appellee.
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 Helweg 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, 150 Fla. 232, 7 So. 2d 143, 146 (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.”).
PER CURIAM.
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Docket No: No. 3D23-1706
Decided: March 27, 2024
Court: District Court of Appeal of Florida, Third District.
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