Ex-Neighbors Ordered Joint Custody Of Dog, Lawsuit Says

Two ex-neighbors in Florida, who were fighting over who gets sole custody of a dog, have both been court ordered to share the pet, a lawsuit says.

Tina Marie Walker adopted Elario, a 4-year-old Labrador retriever in 2016, reported WTTV, a Fox affiliate in Tampa. However, for over a month, she’s had to share the dog with her former Madeira Beach neighbor, thanks to a ruling on March 8 by a Pinellas County judge.

"And I don’t understand it because in the state of Florida, a dog is property," Walker told the news outlet. "He’s licensed to me. I paid for the dog."

That neighbor, David Somerville, sued Walker for ownership of the animal after their friendship ended. He told the court that he’s been responsible for the dog, buying it toys, food, and paying for vet visits.

"Elario and I have a very strong bond/love for each other... He has been with me 24/7 for the last year and a half… I believe that Elario is my dog and should stay with me," he said, according to court documents.

Pinellas County Small Claims Court Judge Lorraine Kelly ruled that shared custody would be best for everyone involved.

"Both parties have health considerations that quality time with Elario makes better. Both parties have spent a great deal of time with the dog and witnesses say he shows great affection for both of his humans," Kelly said.

Walker and Somerville used to be close friends, she told the news station. She said she took care of her ex-neighbor, a Vietnam veteran, after he had lung cancer surgery. But the two began to grow apart after Walker moved.

"I loved him, for two-and-a-half years I took care of him," she told the station. "So I don’t understand this at all. I’m betrayed, I’m broken-hearted, my dog is split up."

Somerville keeps Elario every other weekend from Friday to Tuesday based on a schedule set by the judge. But Walker has filed an appeal of the ruling, looking to get Elario back full time.

According to Florida law, in custody situations, pets are usually treated like property and ownership is awarded to one person. In the ruling, the judge will consider who bought or adopted the pet, who cares for it and spends the most time with the animal when considering who gets awarded full ownership.