IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA Eliott Adams Plaintiff/Petitioner,

v. Aundrea Delgado, Defendant/Respondent. ________________________/ EMERGENCY MOTION FOR PREJUDGMENT WRIT OF REPLEVIN WITHOUT NOTICE Plaintiff, Eliott Adams, by and through undersigned counsel, seeks an Order on his Emergency Motion for Prejudgment Writ of Replevin Without Notice directing Defendant to immediately return the dog Fenrir to Plaintiff pursuant to Fla. Stat. Sec. 78.068 (2009), and based on the Plaintiffs Verified Complaint and the Affidavit of Eliott Adam, Plaintiff. I. BACKGROUND FACTS 1. Plaintiff is the full and unqualified owner, and entitled to the present possession of the following described personal property: the dog named Fenrir. Plaintiff acquired a superior ownership interest in the dog Fenrir by engaging in conduct set out in Plaintiffs Affidavit. (Attached hereto as composite Exhibit A). 2. Plaintiff never gifted, sold, or otherwise transferred that ownership interest to any other person, including Defendant. 3. Despite Plaintiffs repeated oral and written demands for the return of the dog Fenrir, Defendant refused. (Attached hereto as composite Exhibit B). 4. The property has an actual cash value of $100, and the Defendant wrongfully detains possession of it from the Plaintiff at Hillsborough County, Florida. CIVIL ACTION Case No. 10-CC-27444

5. The property was neither taken on an order or judgment of a court against the Plaintiff, nor under an execution or judgment against Plaintiff or against the property. 6. The alleged cause of detention of the property, according to the best belief of the Plaintiff is that Defendant seized the dog Fenrir because she is under the mistaken belief that she has an ownership interest in the dog Fenrir and for spite because after the Plaintiff and Defendant ended their girlfriend/boyfriend relationship. It is believed that Defendant kept the dog Fenrir out of spite when Plaintiff acquired a new girlfriend. 7. As relayed in the Plaintiffs Affidavit, Plaintiff took on the sole responsibility of providing all medical needs of the dog Fenrir during the pendency of the girlfriend/boyfriend relationship. In fact, Plaintiff continues to provide for all of the dog Fenrirs medical needs even after the termination of the relationship between the parties. 8. The Defendant is engaging in conduct that may placed the dog Fenrir in danger of destruction and/or waste by failing to meet the medical needs of the dog Fenrir. 9. In particular, it is believed that the dog Fenrir, who is currently in the wrongful possession of Defendant, has not received his HeartGard nor flea treat medicine either at the appropriate time, or even at all. 10. It is believed that since the time Defendant wrongfully detained the dog Fenrir, Defendant has ceased to care for the dogs medical needs during the past five (5) to six (6) months. In fact, the dog Fenrir has been urinating and/or defecating in Defendants home recently which is an indication that the dog is not being properly cared for and may be suffering from an illness. (See attached Exhibit C). 11. It is also believed that the Defendant has failed to properly care for the dog Fenrirs flea problems and grooming issues during the past three (3) to four (4) months. 12. By failing to meet even the most basic medical needs of the dog Fenrir, the Defendant is placing

the dog Fenrir in a serious deleterious medical condition, one which could lead to the ultimate death of the dog Fenrir. 13. Plaintiff has posted a bond in the amount of $200 as security for the payment of damages the Defendant may sustain when the writ is obtained wrongfully. II. ISSUES PRESENTED 1. Should an order to show cause for a writ of replevin be issued? Yes. III. REQUEST FOR IMMEDIATE DECISION

Plaintiff requests this Honorable Court to immediately review this Emergency Writ and the evidence and make an immediate decision regarding the temporary possession of the dog Fenrir. IV. EVIDENCE RELIED UPON This motion is based on the Verified Complaint and Affidavit of Eliott Adams, Plaintiff. V. AUTHORITIES AND ARGUMENT A. Grounds for Emergency Motion for Prejudgment Writ of Replevin Without Notice Fla. Stat. 78.068 (2009) sets forth a procedure to obtain a writ of replevin before entry of a final judgment by utilizing an ex-parte procedure. Specifically, Section 78.068(2) provides: (2) This prejudgment writ of replevin may issue if the court finds, pursuant to subsection (1), that the defendant is engaging in, or is about to engage in, conduct that may place the claimed property in danger of destruction, concealment, waste, removal from the state, removal from the jurisdiction of the court, or transfer to an innocent purchaser during the pendency of the action or that the defendant has failed to make payment as agreed. If the plaintiff properly sets forth allegations in an affidavit or verified complaint which establishes the right to issuance of a prejudgment writ of replevin, the court does not have discretion - an order directing issuance of the writ must be entered. If the trial court fails to do so, mandamus can be employed by the plaintiff do direct the trial court to do so without notice to the party in possession. Comcoa, Inc. v. Coe, 587 So. 2d 474, 478-479 (Fla. 3d DCA 1991).

Fla. Stat. 78.068(3) provides that the petitioner must post bond in the amount of twice the value of the goods subject to the writ or twice the balance remaining due and owing, whichever is lesser as determined by the court, as security for the payment of damages the Defendant may sustain when the writ is obtained wrongfully. Plaintiff has fulfilled his obligation in securing a bond for twice the value of the dog Fenrir. It should be noted that the issuance or dissolution of a prejudgment writ of replevin is not a final dispositive ruling as to ownership of the personal property in dispute. Kaman. World Omni Finance Co., 651 So.2d 1249, 1252 (Fla. 2d DCA 1995). See also, Zuckerman v. Professional Writers of Florida, Inc, 398 So. 2d 870, 873. Indeed, it has been held that dissolution of a prejudgment writ of replevin has no effect other than to determine right to possession of property pending final adjudication of the parties' claims. Weigh Less for Life, Inc. v. Barnett Bank of Orange Park, 399 So. 2d 88, 89 (Fla. 1st DCA 1981). A judgment following a trial on an ordinary replevin claim will provide the final dispositive ruling on the issue of replevin. Traces Fashion Group, Inc. v. C&C Management, Inc., 763 So. 2d 502 (Fla. 3rd DCA 2000). However, the question of possession is a factual determination for the trial court to make. Zuckerman, 398 So. 2d at 873. Fla. Stat. 78.068 allows for the immediate delivery of disputed personalty to Plaintiff. Plaintiff has established s superior right of possession and claim of ownership pending final disposition. Plaintiff, having made a better than prima facie case sufficient to justify issuance of an order that Defendants unlawful withholding possession of the dog Fenrir warrants immediate transfer of possession to Plaintiff. Prerequisites for issuing the order to transfer the dog Fenrir to Plaintiff have been met in that Plaintiff has shown through declaration that he has a superior right of ownership, that the dog Fenrir has been wrongfully detained by the Defendant, and that the dog has not been taken for a tax, assessment, or fine pursuant to statute or seized under an execution or attachment against the dog Fenrir. Plaintiff has also testified through his Affidavit that the dog Fenrirs health is precarious at best. Accordingly, Plaintiff seeks an order transferring the dog Fenrir to Plaintiff and award of all costs and reasonable attorneys fees B. Grounds for Writ of Replevin In short, Plaintiff has shown that he has a superior right to ownership of the dog Fenrir. Plaintiffs Affidavit reveals that Plaintiff was the dogs primary care-taker and provided all medical care,

treatment and costs associated therewith until the date the Defendant wrongfully detained the dog. In fact, Plaintiff continues to pay for the dogs Veterinarian Wellness Plan each month as he has done since the dog was brought home from the pet store in 2007. For the dogs health and well-being, Plaintiff should have control and custody of the dog under the final disposition of the case is determined. When one learns that Defendants refusal to return the dog to Plaintiff followed Plaintiffs acquisition of a new girlfriend, it becomes fairly obvious that her purported justification to withhold the dog from Plaintiff is a pretext having more to do with retaliating for personal relationship issues than for the care of a dog. The court can reasonably conclude that the Defendant is withholding the dog spitefully and has no basis, in law or fact, to keep the dog. Most importantly, the dog Fenrir is not having his medical requirements met, such as HeartGard pills, flea-treatments and proper grooming to prevent matted fur. The dog Fenrir has been shown to be defecating/urinating in Defendants home which is cause for alarm. The dogs health is most certainly not well and he requires immediate treatment by a veterinarian for his monthly medicines as well as his potential illness which is causing him to defecate/urinate in Defendants house. VI. CONCLUSION A proposed order issuing the writ is attached as Exhibit D. A proposed writ is attached as Exhibit E. WHEREFORE, Plaintiff prays for the issuance of a Prejudgment Writ of Replevin Without Notice for the property: a dog named Fenrir and for immediate possession of it, and for attorneys fees and costs. _________________________________ Jennifer A. Dietz Attorney for Plaintiff DECLARATION I, JENNIFER A. DIETZ, being over the age of eighteen and fully competent to make this statement, and having personal knowledge of the matters contained herein, hereby affirm: 1. Attached Complaint; 2.Attached is the Affidavit of Eliott Adams, dated May 19, 2011; 3. Emergency Motion for PreJudgment writ of Replevin without Notice; and 4. The attached Facebook entry made by Defendant, are true and correct to the best of my knowledge. I declare under penalty of perjury under the laws of the State of Florida that the above is true to the best of my knowledge. ____________________________ Jennifer A. Dietz ______________________ Dated __________________________ Date

VERIFICATION I, PLAINTIFF, ELIOTT ADAMS, hereby certifies, under penalty of perjury, that the information in the foregoing Complaint, Complaint for Prejudgment Writ of Replevin and Plaintiffs Affidavit are based upon my personal knowledge and, to the best of that knowledge, the information contained in the foregoing document is true and correct. ________________________________________ Eliott Adams

STATE OF FLORIDA COUNTY OF HILLSBOROUGH

) ) ______________________________ ELIOTT ADAMS

The foregoing instrument was SWORN TO AND SUBSCRIBED before me on this the _____ day of May, 2011, by ELIOTT ADAMS, who after first being duly sworn and produced as identification a State of Florida Drivers License, numbered ____________________________________, deposes and states that the foregoing Complaint for Replevin, Complaint for Prejudgment Writ of Replevin and Affidavit, and the facts contained therein, are true and correct to the best of his knowledge and belief. _________________________________________ Notary Public

Respectfully submitted, _______________________ Jennifer A. Dietz, Esq. 3225 South MacDill Avenue Suite 129-297 Tampa, FL 33629

Telephone 813.789.8029 Facsimile 813.835.6801 Email: JDietz@JenniferDietz.com FL Bar No.: 0945897 Attorney for Plaintiff

IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA Eliott Adams Plaintiff/Petitioner, v. Aundrea Delgado, Defendant/Respondent. ________________________/ ORDER THIS MATTER came before the Court on Plaintiffs Emergency Motion for Prejudgment Writ of Replevin, pursuant to Fla. Stat. 78.068 (2009), seeking an order awarding immediate possession to Plaintiff of the following property: that certain dog, named Fenrir, a spayed, male, Yorkshire terrier. THE COURT considered the pleadings filed in this action and the following evidence: 1. Affidavit of Eliott Adams; 2. A Facebook entry made by Defendant Delgado; and 3. Pleadings filed with the Court. BASED on the evidence presented, IT IS ORDERED (as selected by checkbox): [ ] 1. Plaintiffs motion for immediate and temporary delivery (pending final judgment) of the dog Fenrir is granted. [ ] 2. Pending final judgment in this action, Plaintiff shall have possession of the following described property upon the issuance of this order: The dog named Fenrir, a spayed male Yorkshire Terrier, described with particularity in the pleadings. The whereabouts of Fenrir are presently known as or believed to be 10711 Preserve Lake Drive, Apt. # 206, Tampa, FL 33626. CIVIL ACTION Case No. 10-CC-27444

[ ] 3. The Sheriff of Hillsborough County, Florida, or any Sheriff in the State of Florida where the dog may be found, is directed to take possession of Fenrir, to break and enter as necessary, and give Fenrir to Plaintiff or his designee upon the filing of the above-described bond. NOTICE TO DEFENDANT: Failure to promptly turn over possession of the property to the Plaintiff or to the sheriff may subject you to being held in contempt of court on application to the court by the plaintiff without further notice. [ ] 4. This order shall issue when Plaintiff executes to defendant, and files with the Court a bond in the amount of $400.00, which shall be approved for sufficient surety by the Clerk of the Court and conditioned to pay all costs and damages as may be incurred or suffered by any parties should it be found this action has been wrongfully, oppressively or maliciously sued out. [ ] 5. Other Relief:_________________________________________________________ ________________________________________________________________________

DATED THIS May ____, 2011 at ___________AM/PM ______________________________ JUDGE ERIC R. MYERS

IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA Eliott Adams Plaintiff/Petitioner, v. Aundrea Delgado, Defendant/Respondent. ________________________/ WRIT OF REPLEVIN (Clerks Action Required) THE STATE OF FLORIDA, TO THE SHERIFF OF HILLSBOROUGH COUNTY, and any and all peace officers in the State of Florida, YOU ARE COMMANDED: Pursuant to Fla. Stat. Section 78.068, to take this writ and seize and take into possession that male, Yorkshire Terrier dog named FENRIR, and release him to the custody of ELIOTT ADAMS or his designee as soon as possible after taking possession. If the property or any part of it is concealed in a building or enclosure, you shall publicly demand delivery of the property. If the property is not delivered, you shall cause the building or enclosure to be broken open and take possession of the property. At the time of taking possession, you shall serve copies of the bond and the order awarding possession on the defendant or, if someone other than the defendant is in possession of the property, shall serve copies on that person. If not served on defendant at the time of taking possession, you shall, you shall, within a reasonable time after taking possession, give notice to the defendant either by serving copies of the bond and order on the defendant in the same manner as a summons in a civil action or by causing the copies to be mailed to the defendant by both regular mail and certified mail, return receipt requested. Pursuant to Fla. Stat. Section 78.068, the sheriff shall file a return of proceedings with Hillsborough County Court Clerk within twenty days after taking possession of the property. THE LOCATION OF THE SUBJECT PROPERTY IS BELIEVED TO BE: 10711 Preserve Lake Drive, Apt. # 206, Tampa, FL 33626 CIVIL ACTION Case No. 10-CC-27444

DATED THIS May _______, 2011 at ___________AM/PM ______________________________ JUDGE ERIC R. MYERS