Chihuahua Bought By Wife Isn’t Community Property, Appeals Court Rules
Posted Aug 26, 2010 6:06 PM CST
By Martha Neil
After a trial court awarded custody of a pet Chihuahua to the wife in a divorce case, a Texas man appealed the ruling.
But a three-judge panel of the 3rd Court of Appeals in Austin yesterday affirmed the lower court decision that the diminutive dog belongs to Brooke Ashley Calder, reports the Tex Parte Blog.
Because she bought Clementine with her own money, before she and Daniel Naeter Calder married, the Chihuahua isn't community property, the panel said.
Asked how much his client had spent on the appeal, the husband's lawyer, Zachary Brandl of Weinman & Associates, replied "Too much." He said he had advised against making the appeal, the blog reports.
Hat tip: Legal Blog Watch.