FL Breeders HELP! Mare and Foal in Danger! Update 7/4, Update 7/6 see page 3!!

**Big Holsteiner Mare** · Jul. 3, 2009, 12:50 PM

Desperate Situation......my friend (who is also an equine vet) is in a very bad situation with a mare and foal that she owns. Long story but here is the short version. Client gives warmblood mare to vet as a broodmare because the mare has fl leeches (terrible skin fungus) and does not want to deal with it. No bill of sale, just a handshake and verbal agreement. Vet spends lots of $$$ treating the mare, plus breeds her to a fabulous imported stallion that is owned by another client of hers (at her expense). Fast forward, mare has gorgeous foal, vet has several offers to buy the foal. The mares former owners see a pic of the mare and foal and want the mare back. Friend says fine, but the foal is mine (obviously). Former owner wants to send the mare to the university to have the leeches looked at there. Friend says fine and even arranges shipping, obviously foal has to go because it is only 3 weeks old. Mare and foal at university, former owner of mare decides that the leeches are so bad that they want to have the mare euthanized and have it scheduled for Mon. Bear in mind the mare is not in pain and there is no emergency. Friend finds this out and obviously does not want this as the foal needs his mom, even offers to take both back until foal is weaned and then they can euthanize the mare if that is their decision. Owners say no and in fact tell friend that the foal is theirs now. Mare and foal were checked into university under the previous owners name so the hospital will not discuss case with my friend who is the foals rightful owner.

Is there anyway she can stop the mare from being put down by Monday, and of course its July 4th weekend? How can you prove ownership of a foal without a bill of sale for the mare? Any help would be appreciated. Feel free to PM me or my friend Czechmates mom on this forum.

Update- My friend sent a letter to the mare owner and this is what the response was...

"What they are saying is that they are euthanizing the mare based on the recommendations of the surgeon at the University of Florida on Monday, and if I want the foal, I will have to pay all bills incurred as a result of their decision to bring the mare and foal to the university. They are saying that I am at fault for the disease in the mare and that I am at fault for the disease getting as bad as it is. They are saying that I was negligent in the care of the mare."

This is a sad situation. When my friend bred this mare the pythiosis had been resolved/healed for 9 months. She has treated and cared for this mare after the owners basically threw her away. My friend is a kind person who is always taking in horses that other people no longer want, she rehabs them and finds them new homes. Now it is looking like she is out thousands of dollars and her foal. There is no reason for this mare to be put down. She is not in pain and is not even lame. This is nothing but a mean spirited move and an attempt by the mare's "owners" to sell a valuable foal. I myself saw pictures of the mare and foal taken last week, both are beautiful.

**Treasmare2** · Jul. 3, 2009, 12:58 PM

F^&%$& horse people...drama for no reason. Why are people like this??? Jealousy I guess. What a terible situation. No answers for you but I am sure the vet owns the foal but I am not sure how she would go about taking possession of the foal. A call to a lawyer seems the best answer. It is a bad picture when nothing is on paper.

**Tamara in TN** · Jul. 3, 2009, 01:03 PM

Originally Posted by Big Holsteiner Mare

Desperate Situation......Owners say no and in fact tell friend that the foal is theirs now. Mare and foal were checked into university under the previous owners name so the hospital will not discuss case with my friend who is the foals rightful owner.

Is there anyway she can stop the mare from being put down by Monday, and of course its July 4th weekend? How can you prove ownership of a foal without a bill of sale for the mare? Any help would be appreciated. Feel free to PM me or my friend Czechmates mom on this forum.

you need to check FL law on this but,tell the university that there is an active stablemans lien on the mare for the past board and vet care ( accrued from the entire time your friend thought the mare and baby were still her's)

and that they are not allowed to put down something that has a lien on it....write up a bill and lien notice and march into the office and put it on their desk....

no signed contracts work both ways you see

it will take a bit of grandstanding but at least the receptionists will pause and call in a "higher up"....

good luck...

**Kinsella** · Jul. 3, 2009, 01:03 PM

Call a lawyer!

**Oakstable** · Jul. 3, 2009, 01:08 PM

Leeches?

Good idea to muddy the water with legal voo doo.

**paintjumper** · Jul. 3, 2009, 01:09 PM

will consider there is a baby foal to raise. If that were my mare and baby (as she was given to me) I'd have a sheriff's deputy car sitting in the UF equine vet parking lot and one in the driveway of that previous owner!!!!! Charges WOULD be filed. The university would be talking to me because me and that sheriff deputy would be standing there in front of them!! I'd be filing charges against them too if they killed my mare and put my baby in danger without his mama!! I am sure there are enough folks around that knows the horse was given away to get statements. Poor mare and baby and the vet that loves them. Be strong and fight like hell!!!!!

**Tamara in TN** · Jul. 3, 2009, 01:10 PM

Originally Posted by Oakstable

Leeches?

Good idea to muddy the water with legal voo doo.

yes a nasty thing kinda like canker but worse to look at....and a university vet hospital will understand all to well not being paid for "services rendered"

best

**time fault** · Jul. 3, 2009, 01:10 PM

Also stallion contract will be in the vet's name, not the previous owners. As with all the bills to get the mare bred! Papertrails are crucial.

**paintjumper** · Jul. 3, 2009, 01:17 PM

about the stallion contract showing the vet as owner, you must not have been under that palm tree in margaritaville for too long this morning!

**Fairview Horse Center** · Jul. 3, 2009, 01:17 PM

Originally Posted by Tamara in TN

you need to check FL law on this but,tell the university that there is an active stablemans lien on the mare for the past board and vet care ( accrued from the entire time your friend thought the mare and baby were still her's)

and that they are not allowed to put down something that has a lien on it....write up a bill and lien notice and march into the office and put it on their desk....

Absolutely! and include every dollar possible (Vet exam, treatments, etc) for all vet type work done on the mare + board, hoof care, deworming. If they are claiming the foal, the bill will also include foaling fee, foal training, etc)

**ThatScaryChick** · Jul. 3, 2009, 01:18 PM

I would have your friend contact a lawyer.

**sfstable** · Jul. 3, 2009, 01:20 PM

Originally Posted by bellyache

I would have your friend contact a lawyer.

I just PM'd you with the name of a Florida Lawyer who specializes in Equine Law.

**Sakura Hill Farm** · Jul. 3, 2009, 01:26 PM

Ditto all the advice above about contacting a lawyer and establishing the paper trail with figures and names.

I would also suggest involving the repro departmant at UF. They are fantastic and will not allow a foal to be wittingly put at risk. Get them in the loop ASAP.

**cloudyandcallie** · Jul. 3, 2009, 01:32 PM

She gave the mare back to the woman? Then she can kill the mare anytime she wants to.
Your friend might try having a lawyer get a judge (on a holiday weekend) sign a TRO, a temporary restraining order, to prevent the destruction of the mare before there can be a hearing for expenses. And then your friend could offer to waive all vet bills and boarding expenses in exchange for the mare, thus saving her life.
You friend does own the foal if she paid for the breeding, so she can at least get him back.
Hire a lawyer in that jurisdiction where the mare and foal are. The lawyer can find a judge on the weekend, and can get a clerk to file the order on a weekend. (been there, done that).

**Sugarbrook** · Jul. 3, 2009, 01:55 PM

OMG. What a mess. Too bad they took it to the Univ. Most of the equine clinics in ocala would treat the situation much differently. No vet in their right mind would euthanize a mare with a three week old foal unless it was an emergency.
Wish I could be of help.

**Jesse'sMom** · Jul. 3, 2009, 03:06 PM

although no bill of sale & verbal bill of sale was done, being she bred the mare, for sure the mare has papers, how about the registration on the mare? the service certificate on the stallion? mare approval form from a WB inspection where it shows ownership of mare? etc..

**grayfox** · Jul. 3, 2009, 03:37 PM

Good ideas everyone. Let us know what happens. I can't believe she gave the mare back with her baby at her side. The people who gave her the mare sound crazy, I wouldn't have trusted them.

**Maddie** · Jul. 3, 2009, 05:16 PM

Wow! Nothing to add, but I hope your friend follows the good advice given and quickly! Good luck!

**can't re-** · Jul. 3, 2009, 05:22 PM

Wow! I agree, she should contact an attorney and get her paperwork in order.

**Fairview Horse Center** · Jul. 3, 2009, 05:31 PM

If you can present a large enough bill that they owe, they may turn over ownership of the mare and foal to have the bill settled.

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