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© PugNews, From Various Sources
A formerly-engaged couple has spent $20,000 each in their custody battle over a pug dog. The court case may change N.J. law. This separation is no longer about homes, cars or cash. Instead, Eric Dare and Doreen Houseman want a judge to decide who gets Dexter, the beloved pug.
Doreen Houseman and Eric Dare raised their dog Dexter together. Breaking off their engagement three years ago and going their separate ways, Dexter remains in a tug-of-war resembling a child custody battle.
The two sides returned Wednesday for a trial before Superior Court Judge John Tomasello, who has determined that the pet is joint property and a suitable arrangement must now be determined. The judge has yet to make a decision on the matter. Various reports state that Houseman and Dare have collectively spent $40,000 in legal fees for a dog that cost $1,500.
Dare and Houseman, who spent 13 years together but never married, split up in 2006.
In the beginning, Houseman had sole custody of the pooch. After a few months, however, the two decided to share their time with Dexter. But when Houseman began dating one of Dare’s friends in February 2007, Dare, who purchased the dog with his own money, decided in March 2007 to end that agreement and has since had total custody of the pet.
In the 2007 trial NJ Superior Court Judge John Tomasello ruled that Dare would keep the dog and give Houseman $1,500 in compensation for how much the pug cost to buy. This decision may have come from the fact that Dare purchased the dog, paid the veterinary bills and was in possession of Dexter. Possession is nine-tenths of the law, after all.
"It's a piece of property, even though he's nice and he's cute and he's furry," Tomasello said.
But Tomasello's prior ruling - based on the fact Dare had custody at the time and therefore should keep the dog - was nullified by three appeals judges, a “landmark decision,” according to Houseman’s lawyer Gina Calogero.
In March the judges ordered a second trial for the custody of Dexter, stating that a pet is not just another piece of furniture but instead that pets - like family heirlooms - have a special "subjective value" to their owners that goes beyond dividing basic property..
Judge Tomasello listened to testimony from both parties Wednesday and though he rolled his eyes to some testimony about the dog, according to the Inquirer, he decided that Dexter was joint property because both Houseman and Dare cared for him. He also said that Houseman’s claim that Dare promised to give her the dog after the split was not proven.
Tomasello asked for additional briefs from each attorney before he makes his decision by Sept. 9. He wants each to explain exactly why he or she should get the dog. Oral arguments and a ruling are expected on Sept. 21.
"You both love the dog enough, and I look forward to hearing" suggestions, the judge said.
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Posted on Fri Jul 31, 2009 8:30 pm by PugNews |
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