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Augillard v. Madura

Legally and factually insufficient evidence supported the trial court's judgment, because Shalanda Augillard conclusively established every element of her claim for conversion of her dog. Austin Court of Appeals, No. 03-07-00541-CV

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OPINION

This appeal arises from a suit for conversion filed by Shalanda Augillard alleging that Tiffany Madura and Richard Toro*fn1 wrongfully exercised dominion and control over Augillard’s black cocker spaniel, Jazz, who was recovered from New Orleans in the wake of the Hurricane Katrina disaster in August of 2005.*fn2 Madura responded that while she did adopt a dog that had been rescued from New Orleans, her dog, Hope Floats (“Hope”), is not the same dog that Augillard lost in the flood. The case was tried before the court, which found that Augillard failed to prove by a preponderance of the evidence that the dog in question was Jazz and entered judgment in favor of Madura. Augillard asserts on appeal that the trial court erred in disregarding conclusive evidence, including forensic DNA analysis, establishing that Hope and Jazz are the same dog and in denying Augillard’s request for injunctive relief. In two points of error, Augillard challenges the legal and factual sufficiency of the evidence supporting the trial court’s judgment. Because we conclude that the evidence is legally insufficient, we reverse and render judgment in favor of Augillard.

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