County Judge Thomas Thompson's decision in civil court came approximately six months after Marion County Animal Services seized 102 felines from Diana Darnaby's property. The county euthanized 60 of the cats almost immediately, and treated the remaining ones for severe upper respiratory infections.
A felony animal cruelty case remains pending.
Thompson's ruling on Wednesday remanded the surviving 39 cats to the continuing care of Marion County, rather than returning them to Darnaby. Dr. Martha Zimmerman, a veterinarian with the county, indicated during the afternoon hearing that the cats would be put up for adoption if Animal Services determines them fit enough to do so.
Darnaby, who represented herself, spent the afternoon arguing for her right to keep her numerous pets. Dana Taylor, an attorney representing the county, drew on Darnaby's history of cat-hoarding to push for the ruling that Thompson ultimately handed down around 5 p.m.
Diana Lorraine Darnaby has faced at least two other Marion County judges regarding her numerous cats in recent years, according to court testimony, and Animal Services has been a fairly frequent visitor to her Summerfield home for years.
Dozens of cats were removed from Darnaby's property in 2009.
In 2012, County Judge Sarah Ritterhoff Williams limited Darnaby to just 27 cats, Taylor pointed out during the hearing. In 2015, County Judge Robert Landt told her that Animal Services would have to approve any additional cats she wanted to keep.
Taylor called on two witnesses during the hearing: Stephanie Kash, an animal compliance officer, and Zimmerman, the veterinarian. Both responded to Darnaby's home in July 2015 and testified during the hearing that the conditions there were alarming.
“The house was in deplorable condition,” Kash testified, describing puddles of urine and piles of feces on floors, counter tops and furniture. She said the smell of ammonia was so intense Animal Services officers had to use respirators in some rooms.
Darnaby, at one point during the hearing, acknowledged that her house was “somewhat of a mess” at the time and said she had been working long hours with no vacations prior to the arrival of Animal Services.
“But it wasn't like I wasn't cleaning,” she said.
Zimmerman, too, noted the unsanitary conditions in the home. She also testified about the health of the cats, saying that she noticed severe ocular discharge and mouth-breathing - which she said is unusual in cats - in many of the animals. Because severe upper respiratory infections are contagious in cats, she explained, she removed all of the cats.
“They were in a horrible situation,” Zimmerman said. “I had to remove them. It was the best thing for them.”
Asked by Taylor for an expert opinion on whether the cats should be returned to Darnaby and her husband, Zimmerman said she said she did not think that would be a good idea.
“I don't think they can properly care for the cats,” Zimmerman said.
Darnaby tried to defend her right to her animals from several angles. At one point she argued that Kash, as an animal compliance officer, did not have the authority to obtain a search warrant. She also argued that her cats were feral and therefore fell under the jurisdiction of the Florida Fish and Wildlife Conservation Commission rather than the jurisdiction of Marion County.
Neither argument held up under Thompson.
After listening to Darnaby's closing argument, in which she cast herself as a victim of Animal Services who devoted all her time to the well-being of her 102 cats, he gave her a firm answer: No cats.
Darnaby has until Friday to give up the nine cats she has picked up since July, he ordered. And, if any cats wander onto her property, she is required to call Animal Services to remove them.
“Let's engage in reality,” he said. “You have 102 cats on your property.”
“I don't pass moral judgement,” he added later. “I think you were trying to do right by these cats … but I don't think you're in the right frame of mind to understand that the cats are not good for you.”
The ruling did not appear to register with Darnaby, who at one point asked Thompson if it would apply if she were to move out of the county. Thompson acknowledged the ruling only holds in Marion County.
Wayne Darnaby, who sat beside his wife during the hearing, tried to negotiate for just two cats.
“Nope,” Thompson said. “Zero.”
While Wednesday's hearing wrapped up Darnaby's civil case, she continues to face criminal charges related to her excessive cat ownership. She is charged with cruelty to animals, a felony, in a pending case on Circuit Judge Jonathan Ohlman's docket.
(Ocala.com - Jan 28, 2016)
She has more cats in her home. She did not surrender all the cats.
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