Judge orders Wizard of Claws owner to stop selling dogs
Puppy dealer accused of doing business after settlement
3:57 p.m. EDT, May 12, 2010
FORT LAUDERDALE
Jim and Gilda Anderson, puppy dealers accused of selling sick dogs in a lawsuit settled in Febraury, may be back in business.
In a motion filed on May 4, attorney Christine Deruelle accused the Andersons of selling puppies again within days of the settlement and ignoring the strict guidelines it required. The deal says they would provide a monthly report to the State Attorney General's Office should they ever again open up shop, but no report was filed until last week.
Fort Lauderdale resident Krystal Eubanks says the Andersons sold her a Maltese puppy in March. The puppy, named Chloe, died five days later.
In a hearing Tuesday, Broward Circuit Judge Robert Rosenberg ordered Jim Anderson to stop selling puppies until the matter could be settled. Rosenberg set another hearing for May 20 at 9 a.m.
Saying he was worried about the puppies' health, Rosenberg said he would assign a third party to take custody of the 45 puppies at the Anderson residence on South Stonebrook Circle in Davie. Their store, Wizard of Claws, was in Pembroke Pines.
"I am concerned about the health of those animals. I don't want any dogs moved," the judge warned Anderson, who sat alone while TV cameras captured the scene.
Rosenberg also advised Anderson to hire an attorney and bring his wife with him to next week's hearing. Anderson told the judge the new accusations against him were "inaccurate and frivolous."
In June 2009, the Wizard of Claws filed for bankruptcy protection and a court trustee seized control of its store in Pembroke Pines, at 9113 Taft St.
That week, rescuers from the Humane Society of the United States and the Humane Society of Broward County arrived at the Wizard of Claws store and found 33 puppies, one of them dead in its cage.
The puppy shop and its owners were already battling a lawsuit alleging they sold puppies that died or got sick within days or weeks of purchase.
The lawsuit, filed in June 2007, accused Wizard of Claws and the Andersons of selling dogs with severe health problems and genetic defects through its pet store and over the Internet. The suit alleged the Andersons bought unhealthy dogs from puppy mills across the United States, then sold them for $1,000 or more.
Wizard of Claws also did business under the names Celebrity Kennels Inc., Dog Breeder Kennel Inc. and Puppies for Sale Inc.
After Wednesday's hearing Eubanks, 27, told the Sun Sentinel she bought her Maltese puppy on March 22 after searching for puppies on the Internet and finding the Andersons. She bought the dog for her daughter, who was traumatized by the pup's death.
"We became very attached to the dog," Eubanks said. "My daughter is 5. She is still saying Chloe is in heaven."
Under state law, consumers can return or exchange a dog or cat that becomes ill or dies within 14 days of purchase. Consumers can return an animal within a year of purchase if the pet has a congenital or hereditary disorder.
A pet dealer must be notified within two business days of a vet's determination that a recently purchased dog or cat has been deemed unfit for sale. Consumers have the right to retain, return or exchange the animal and receive reimbursement for certain related veterinary services.
Experts recommend buying pets from rescue groups, animal shelters or local humane societies.
They also warn against buying an animal without visiting the home or breeding facility where it has been kept. That rule applies even if you get a referral from a group like the National Breed Club, American Kennel Club or Cat Fanciers' Association.
Susannah Bryan can be reached at sebryan@SunSentinel.com or 954-572-2077.