What is a Writ of Attachment you ask?
Simply, it is the legal process of seizing property to ensure satisfaction of a judgment.
Originally, the main purpose of attachment was to "bully" a defendant into appearing in court and answering the plaintiff's claim. The above writ is being used to pressure the Sheriff or Constable's Office to take the WAO's property into custody, depriving the WAO volunteers, workers or board of directors from the right to use or sell the item (such as a truck). If the WAO fails to appear at the hearing, the property could be sold by the court to pay off any monetary judgment entered against the sanctuary.
I believe the wirt is simply a provisional remedy, that is, relief that temporarily offers the Dr. Ehrlund some security while pursuing a final judgment in the lawsuit against the WAO. For example, a plaintiff who has good reason to believe that the organization that she is suing is about to pack up and close its doors forever will want the court to prevent this until the plaintiff has a chance to win the action and collect on the judgment. Dr. Ehrlund can apply for an order of attachment that brings the seized property into the custody of the court and takes away the WAO's ability to sell it for cash.
The Writ of Attachment is considered a harsh remedy because it substantially interferes with the WAO's property rights before final resolution of the overall dispute.
Case Nbr: 2010CI06037
LORETTA A EHRLUND ET AL vs ANIMAL SANCTUARY OF THE UNITED STATES
Court: 166
Docket Type: DAMAGES
Status: PENDING
Surety Information:
LORETTA A EHRLUND DVM PC
Agent: Amt: 1500.00
Surety: ERICA FERGUSON PHONE NUMBER
210- 509-1707
SHQU-JIUN MURGUIA
210- 509-1707
Reason: WRIT OF ATTACHMENT
Form: PERSONAL
Below is the actual Petition originally filed with Tarrant County and then transfered to Bexar County 166th Judicial District Court:
Ehrlund vs WAO
How can you sue someone if you refuse to provide the records correlating with the invoices?
Subject: records request________________________________________________
Date: Mon, 22 Feb 2010 17:03:42 -0500
From: texvet@aol.com
The records can be available to you at $10.00 per record. Please advise as how to proceed.
Loretta A. Ehrlund, DVM
Heritage Veterinary Medical Center
9793 Culebra Ste 109
San Antonio, TX 78251
210-509-1707
Texvet@aol.com
http://www.heritagevetsa.com/
When the WAO director questioned the charge, she was told it would cost $10 per page to make a copy of each animal's treatment file! What happened to making the records available electronically? Sounds like someone is a little pissed off because she was replaced as the WAO's vet. Okay, so let's do the math. At the time of the request (November 2009) WAO had approximately 380 exotic animals (not including the domestic cats). So if WAO requests vet records on current and past animals, the WAO would have to pay thousands of dollars, just have records on their own animals as required by the USDA/APHIS Animal Welfare Act!
According to the Texas Administration Code (http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=24&ch=573&rl=53)
TITLE 22 EXAMINING BOARDS
PART 24 TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
CHAPTER 573 RULES OF PROFESSIONAL CONDUCT
SUBCHAPTER F RECORDS KEEPING
RULE §573.53 Patient Records Release and Charges
--------------------------------------------------------------------------------
(a) Release of Records Pursuant to Request. Upon the request of the client or their authorized representative, the veterinarian shall furnish a copy of the patient records, including a copy of any radiographs requested, within 15 business days of the request, unless a longer period is reasonably required to duplicate the records.
(b) Contents of Records. For purposes of this section, "patient records" shall include those records as defined in §573.52(a) of this title (relating to Patient Record Keeping).
(c) Allowable Charges. The veterinarian may charge a reasonable fee for this service. A reasonable fee, shall include only the cost of:
(1) copying, including the labor and cost of supplies for copying;
(2) postage, when the individual has requested the copy or summary be mailed; and
(3) preparing a summary of the records when appropriate.
(d) Improper Withholding for Past Due Accounts. Patient records requested pursuant to a proper request for release may not be withheld from the client, the client's authorized agent, or the client's designated recipient for such records based on a past due account for care or treatment previously rendered to the patient.
________________________________________________
Now I understand the word "reasonable" can be subjective, however, I do not know of any government body or credible vet clinic charging the public $10 per copy! In my humble opinion, this is highway robbery!!
________________________________________________
Subject: records___________________________________________________
Date: Tue, 24 Nov 2009 13:02:40 -0500
From: texvet@aol.com
The records requested should be ready by end of day. We will call and then FAX so you get them direct.
There is another way we think we can solve the total record problem for you as lessor expense. Will confirm that and get back to you on that part early next week. It would allow you access anytime from your computer, so if that works we should be in good shape.
Haven't forgot about Kita. Will get back w/ you on this also.
Loretta A. Ehrlund, DVM
Heritage Veterinary Medical Center
9793 Culebra Ste 109
San Antonio, TX 78251
210-509-1707
Texvet@aol.com
http://www.heritagevetsa.com/
Gee, you think it was the animals' diet (which you were aware of or should have been aware of) that caused the animals to suffer and die?
Subject: lioness________________________________________
Date: Wed, 21 Oct 2009 12:30:32 -0400
From: texvet@aol.com
I've checked on the progress of the diagnostics at TAMU this morning. MRI is next.
Looking very much that the diagnosis will be hypovitaminosis A as I discussed w/ you all already. If that is confirmed, then this will be the 3rd exotic cat that I have diagnosed w/ this problem w/n that last several months.
That is an indictment of the former diet used if this is the case.
Also along the way, we have discovered various of the other animals had pre-existing disease common to their ages, so fixing the diet will help overall but you will still expect age related disease (not contagious) conditions in other animals.
Loretta A. Ehrlund, DVM
Heritage Veterinary Medical Center
9793 Culebra Ste 109
San Antonio, TX 78251
210-509-1707
Texvet@aol.com
http://www.heritagevetsa.com/
My thoughts are this: How can you in good faith, accept monies for euthanizing animals if you knew, or should have known, that the cause of the animals' declining health was due to the diet provided by the WAO and NOT due to renal failure?
Dr. Ehrlund was on KSAT-12 stating that the animals that died at the WAO in 2009 were due to renal failure. Yeah, right.
___________________________________________________
SAN ANTONIO -- A former board member with Wild Animal Orphanage said that 15 animals have died at the sanctuary in a short period of time.
Kristina Brunner told KSAT 12 News that the deaths happened between Dec. 2008 and July 2009.
"Fifteen in such a short period of time is an unusual amount of animals," Brunner said.
But Carol Asvestas, chief executive officer of Wild Animal Orphanage, disputed the number of deaths.
"It's incorrect information," Asvestas said.
Dr. Loretta Ehrlund, a veterinarian at the sanctuary, said that four cougars died this year due to renal failure, a disease she said that is common among all cats.
"It's also very common in the large exotic cats, so it's not surprising that any of them have it," Ehrlund said.
Asvestas said that newspaper articles criticizing the orphanage have caused two major companies to pull funding from the sanctuary.
In 2003 and 2005, the United States Department of Agriculture, the federal agency that oversees animal sanctuaries, cited Wild Animal Orphanage for failure to provide veterinary care and for housing animals outside when they weren't acclimated to the weather.
Brunner said that changes are in order at the sanctuary.
"People need to know what is happening at this facility," she said. "We're not asking for it to be shut down, by no means. We're asking for a change of management."
Asvestas said that the orphanage is working on being more transparent, including putting more information about animals' health on it's Web site.
Copyright 2009 by KSAT.com All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
http://www.ksat.com/news/20493519/detail.html
Hmmm, no mention to the public about the poor diet the animals received resulting in hypovitaminosis A! I'm shocked!
____________________________________________
On October 13, 2010, I found this picture and text on Dr. Erhlund's website at: http://heritagevetsa.com/site/view/120766_PhotoAlbum.pml.
Nobody takes better care of my friend then
Heritage Veterinary Medical Center.
*All animals pictured are clients of Heritage Veterinary Medical Center.Thank you to the pet mom's and dad's that let us take these wonderful pictures!*
http://heritagevetsa.com/site/view/120766_PhotoAlbum.pml
Really? WAO is still your client? Even though you are suing the animals? Let's see, Vivi the baby tiger is dead. The capuchin monkeys live in Florida. Interesting.
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