A Florida court has reversed the dismissal of a case involving a man's attempt to reclaim his dogs after they were transferred to a rescue organization. The ruling affects Moises Rios, Jr., who was arrested and had his dogs taken to an animal shelter. The court found that Rios was denied due process when the case was dismissed without proper notice.
The case, Moises Rios, Jr. v. Kathryn Hawkins D/B/A Safe Pet Rescue, was filed in the District Court of Appeal of Florida under docket number 5D2025-1928. The decision, issued on August 28, 2026, highlights the importance of ensuring that individuals have the opportunity to be heard in legal matters involving personal property.
Background
Moises Rios, Jr. was arrested in March 2024 after a vehicle accident. At the time of his arrest, he had his two dogs with him. Following his arrest, law enforcement took the dogs to the Lee County animal shelter. The shelter held the dogs for five days, during which they attempted to contact Rios but were unsuccessful.
After the holding period, the shelter transferred Rios's dogs to Kathryn Hawkins, who operates a rescue organization called Safe Pet Rescue. Rios learned about the transfer on May 6, 2024, and requested the return of his dogs. However, Hawkins informed him that the dogs had already been adopted.
In response, Rios filed a pro se statement of claim for replevin, seeking to reclaim his dogs. The court ordered Hawkins to show cause as to why the dogs should not be returned to Rios. A hearing was set for July 19, 2024. However, four days before the hearing, Hawkins filed an answer and affirmative defenses, claiming that Safe Pet had legally obtained the dogs and that they were no longer in her possession.
The Ruling
During the July 19 hearing, Rios filed a motion for continuance shortly before the session began. Despite this, the hearing proceeded without him. The court notes from that hearing indicated that the case was to be dismissed, but there was no official transcript or order dismissing the case at that time.
Six months later, the court issued a notice of lack of prosecution and set a hearing for March 28, 2025. Following that hearing, the court decided to keep the case open. However, Hawkins later filed a motion asking for a formal dismissal of the case, which the court granted on May 28, 2025, backdating it to the July 19 hearing.
Rios argued that the court violated his right to due process by dismissing his claim without proper notice and that the July hearing was not a dismissal hearing. The court agreed with Rios, stating, "there was nothing that gave Appellant notice or warning that dismissal of the entire action would be considered at the hearing noticed solely on the court’s show cause order." The court ruled that Rios was denied due process and reversed the dismissal, remanding the case for further proceedings.
Impact
This ruling emphasizes the importance of due process in legal proceedings, particularly in cases involving personal property. The court's decision ensures that individuals have the right to be heard before any dismissal of their claims. This case may set a precedent for similar cases where individuals seek to reclaim their pets or other personal property after they have been taken by authorities.
The ruling also highlights the responsibilities of courts to provide clear communication and proper notice to all parties involved in a case. As a result, this decision could influence how future cases are handled, particularly those involving the custody of animals.
What's Next
The case has been sent back to the lower court for further proceedings, where Rios will have the opportunity to present his case regarding the custody of his dogs. Details were not available in the court filing regarding whether Hawkins plans to appeal the decision.