I : Prior to trial, Petitioner Brevard County dismissed I Cfiarles Eugene Donahue and

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1 . N THE COUNTY COURT OF THE EGHTEEN'ltH JUDCAL CRCUT N AND FOR BREVARD COUN~Y FLORDA BOARD OF COUNTY COMMSSONERS OF BREVARD COUNTY, FLORDA, v. Pettoner, CLARESE AUSTN, HORSESSTERS & ASSOCATES, NC., CHARLES EUGENE DONAHUE AND JENNFER HAUSCHLD. Respondents/Owners. CASE NO.: ~-qc xxxx-xx FNAL JUDGMENT, TUS MATTER came before the Court on the 29th day lofjmarch, 2012, upon Brevard County's Petton for Hearng to Determne Ftness of Owntrs \ to Care for Anmals (the "Petton"), and the Court havng revewed the pleadngs, hear~ tbe argwnent of the partes, consdered testmonal and documentary evdence, and beng o~nfse advsed n the premses.. h ~~ Statutes. The Court makes the followng FNDNGS OF FACT and Cd.NCLUSONS OF LAW: Ths Court has jursdcton of ths matter pursuat~t tb Secton , Florcla ' : Pror to tral, Pettoner Brevard County dsmssed Cfarles Eugene Donahue and Jennfer Hauschld as partes to ths acton. 3. On February 29, 2012, Brevard County Anm~l $ervces and Enforcement l l ; ("BASE") offcers performed an nspecton of horses n 1:1-$ care and custody of Respondents/Owners HorseSsters & Assocates, nc. and Clarese\ A~stn pursuant to a lawfully ' \ :

2 ssued nspecton warrant. BASE was accompaned by Dr. ~rahley N ewman E qume. &A ssoc1ates,. PA.. 1 W. Ne"Wman, DVM, of 4. Dr. Newman examned each equne at the prop~rtj. The results of the equne ) examnatons are set forth n a wrtten report by Dr. Newman, J cjpy of whch was attached to the Petton as Exhbt "A" and admtted nto evdence as Defen~an~'s Exhbt 2. For purposes of future dentfcaton, evaluaton and trackng of the remanng e~u*es, a copy of Dr. Newman's report s attached hereto as Exhbt "A". \ j 5. Dr. Newman descrbed three of the equnes ~x~ned as beng emacated, presentng wth Body Condton Scores of out of9, 1.5 out of~ ~d 2 out of9. 6. BASE mpounded these equnes for care c~ns~stent wth Dr. Newman's l l recommendatons. Specfcally, BASE mpounded the horses d~nt~fed as Ben and Sargon, and. the pony dentfed as Smokey. j 7. Dr. Newman testfed that n hs opnon, the cau~ Jr thnness n the mpounded ; equnes was a lack of proper nutrton. Dr. Newman testfed th, R~spondents/Owners' care for these anmals dd not meet the conununty standards for proper ard ~easonable care of equnes. l 8. No credble evdence was presented that any of tl:le llpounded equnes had been :, dagnosed wth a termnal llness or were dyng of causes other thkn malnutrton. : ; 9. Dr. Newman and BASE Sgt. Chrs Robnson testfed that all three of the mpounded equnes had exhbted mprovement n body condto~ s~ce beng mpounded. They also testfed that the horses had become notceably more sprt~d. ~avng been lethargc at the tme of mpound. \ \ ' ) 2

3 10. BASE Sgt. Robnson testfed and presented ph4to$faphc evdence that between : January 11, 2012 and February 29, 2012, he had noted aj dejclne n weght n some of, Respondents/Owners' other horses that were not mpounded by ra~e. 11. Jennfer Hauschld also testfed that, whle vol,nt~erng wth HorseSsters, she had observed a declne n some horses other than Ben, Sargon, ~d Smokey, and that there were t tmes when food was not avalable for the horses. 12. Dr. Newman testfed that, whle not all of t~e ~orses were n a condton necesstatng mmedate mpound, a number of the remann~ h~rses were underweght and requred dental or other medcal care. 13. Based upon the foregong, the Court fnds that R~~ndents/Owners HorseSsters & Assocates, nc. and C1arese Austn are fnancally unable \to \provde for the mpounded. horses Ben and Sargon. ' 14. The Court fnds that Respondents/Owners Horse~sters & Assocates, nc. and : j Clarese Austn have provded for the mpounded pony Smokey ~r 'ltpproxmately twenty years, ; and that they are currently able to adequately provde for hm, su"jell:t to the condtons set forth ) ' heren below. 15. The Court fnds that Respondents/Owners HorseS~sters & Assocates, nc. s ft and able to provde for the remanng 23 equnes, subject to the co~d'tons set forth heren below.. WHEREUPON, t s ORDERED and ADJUDGED as follows: : l. Custody of the mpounded horses Ben and Sargon Js hbreby remanded to Charles Donahue and Jennfer Hauschld, who were n the process of ad+ptng Ben and Sargon at the tme the horses were mpounded. 3

4 2. The pony Smokey s to be returned to Resptn~ts/Owners HorseSsters & Assocates, nc. and Clarese Austn, who shall care for hm unl~ssand untl he s adopted under the condtons heren. ' 3. The Respondents/Owners' remanng equnes, n~luchng Smokey, shall be subject ' to random, unannounced nspectons by BASE to be performed at east monthly for a perod of one year. : : BASE may return wth a veternaran of BAS 's: choosng should veternary evaluaton be necessary, n BASE's sale dscreton. Respanden s/<l>wners are to cooperate wth sad nspectons. 4. f, n the sole dscreton of a veternaran selected\ b~ BASE, an equne s n need :. of mmedate emergency medcal treatment, the RespondentsJO'fvners shall ether promptly provde such treatment or allow BASE to provde such treatment. Respondents/Owners are responsble for the reasonable costs of any such treatment provded ~y BASE. 5. Respondents/Owners shall keep detaled records of feedng nstructons, hay and feed purchases, medcal treatment, farrer treatment, dental treatment, and any other care provded to the remanng equnes. Respondents/Owners shall ma1fe such records avalable to BASE for nspecton on a monthly bass, no later than the 1Oth day of the followng month. 6. Respondents/Owners shall not acqure any addtonal equnes unless and untl the Court determnes that Respondents/Owners are fnancally able to adequately provde for sa~d anmals. Respondents/Owners may adopt out remanng equnes,,but shall not replace them wthout Court approval Because the nadequate care n ths case was due to 'fnancal means, the Court reserves jursdcton to award the cost of care to Brevard County, but:does not award the same at ths tme, as t wll negatvely mpact the care of the anmals. 4

5 8. The anmals subject to ths Fnal Judgment nclude all horses, donkeys, pones and any other equnes dentfed n Exhbt "A" hereto. 9. The Court reserves jursdcton to enforce the terms of ths Fnal Judgment.. ~.. DONE AND ORDERED on ths /~ day of Aprl, 2011, Ttusvlle Courthouse, Brevard County, Florda. cc: Morrs Rchardson Assstant County Attorney Offce of the Brevard County Attorney 2725 Judge Fran Jameson Way Buldng C- Sute 308 Vera, Florda VALERE MACKEY John Boelke, Esq Maebert Road Mms, Florda APR 12 :LU1Z JUDCAl ASSSTANT 5

6 To Whom t May Concern: On February 29, 2012, was asked to accompany Brevard County Anmal Servces and Brevard County Sherff deputes as they served a warrant on Horse Ssters at Cuylar Street n Mms, Florda. Each horse was examned whh mnmal stress takng care not to have the horses run whle beng caught. The ages are approxmate. Some dental agng was dffcult due to poor dental care of many of the horses. BCS stands for "Body Condton Score''. The sta~dard 1-9 scale was used. The results of each horse examned are as follows: Front pasture: 1. Sorrel mare wth flaxen mane, 8 years, 3/9 BCS. Needs dental care rostral hooks. 2. Sorrel blanket appaloosa mare, 8 years, 3/9 BCS. Needs dental call rostral hooks. 3. Bay pony geldng (unable to catch}, 4/9 BCS. 4. Sorrel pant mare (unable to catch), 4/9 BCS. 5. Black mare (unable to catch) 4/9 BCS 6. Black mare, 5 years, 4/9 BCS. Needs dental care. 7. Buckskn pony mare, 5 years, 4/9 BCS. 8. Bay pant geldng, 7 years, 3/9 BCS. 9. Sorrel mare (unable to catch), 4/9 BCS. 10. Bay pant pony geldng {unable to catcht 4/9 BCS. 11. Gray geldn& 15 years, 3/9 BCS. Needs dental care. t has a frm s~bcutaneous mass approxmately 8x10x2 nches n left axllary regon. Ths mass reqjres further dagnostcs. Smaller front paddock: 12. Bay geldng, 25+ years, 1/9 BCS. Observed watery darrhea, needs jhoof and dental care; dastolc cardac murmur (grade 4/6). drew blood for complete bl.ood count and chemstry analyss. Please fnd the results attached. The blood work does not support a dagnoss of "cancer" as was suggested. 13. Bay geldng, 20+ years, 1.5/9 BCS. Mssng ncsors and needs dental care. Back Pasture: 14. Blanket appaloosa mule geldng (unable to catch), 3/9 BCS. 15. Clydesdale geldng, 8 years, 3/9 BCS. Showng sgns of colc (stretchng out, layng down sternal and lateral, and rollng}. Performed physcal exam, mld tachycarda HR 46, all other parameters wthn normal lmts. Sedated wth xylazlne, performe4 transrectal palpaton, no sgnfcant abnormaltes were palpated. The feces removed durng palpaton was abnormally soft, a sand test was performed on the feces; ths revealed the presence of excess sand. Nasogastrc ntubaton resulted n no gastrc reflux and one gallon of mneral ol was admnstered through the nasogastrc tube. Flunxn meglumne was gven V. The geldng was lkely colckng and producng soft feces due to consumpton of excessve sand whch caused mucosal rrtaton of the gastrontestnal tract. nstructons were gven for gradual re-feedng. A copy of the nstructons s attached. Preventbn of sand colc ncludes EXHBT ~ A.

7 ensurng adequate forage s avalable and any feed or hay provded should be offered on a surface devod of sand. 16. Chestnut geldng wth blaze (unable to catch). 3/9 BCS. 17. Chocolate geldng wth flaxen mane and tal, years, 2/9 BCS. Needs dental care. Presumptve dagnoss of Equne Ptutary Pars lntermeda Dysfuncton (Cushngs). Further testng s necessary 18. Sorrel pony geldng (unable to catch}, 4/9 BCS. 19. Black geldng (unable to catch), 4/9 BCS. 20. Donkey (unable to catch), 5/9 BCS. Back/sde pasture 21. Belgan sorrel mare wth blaze, 4/9 BCS. 22. Belgcm sorrel mare wth star,4/9 BCS. 23. Bay blanket appaloosa geldln& 3/9 BCS. 24. Bay mare, 5/9 BCS. 25. Bay geldng. 4/9 BCS. Oermatologc dsease characterzed by aloplca and hyperpgmentatlon of har, focal areas affected wth a generalzed dstrbuton across the neck, back and hndquarters, presumptve dagnoss of dermatophlus ("ran rot"). 26. Black draft geldn& 4/9 BCS. Horses 12, 13 and 17 were removed by anmal Control offcers. My general recommendatons are consstent wth meetng the needs of any equne n Central Florda. 1. Nutrton- Horses requre 1% body weght of hay or grass and 0.5% body weght gran over a 24 hour perod. To gan weght they requre more food; however, total consumpton should not exceed 2.5% body weght per day. 2. Sand Control- Many of these horses exhbted sgns of sand mucosal rrtaton. There are many accepted methods of sand control. Psyllum based products weekly would be encouraged. 3. Dental care- The majorty of anmals examned requred routne dental care. Horses wth jnadequate dental care are unable to chew properly and utlze the nutrents n ther food. Mastcaton s the frst step n dgeston. 4. Parastes- suggest fecal egg counts are performed on all horses n the herd wth approprate dewormlng of the nfested horses. Please let me know f can be of any further assstance. Bradley W Newman DVM