Pro Bono
Duo Assists State in Mistreated Horses Case
Columbia Partner John Kuppens, with able support from Associate Matt Bogan, assisted in representing the State of South Carolina in an appeal of a case involving the ill treatment of horses and their potential return to the owners. The state seized 60 mistreated horses from their owners in 2003. The owners received a criminal trial in 2004, but they appealed a related issue from a ruling by the magistrate. It eventually ended up on appeal to the S.C. Supreme Court. Nelson Mullins agreed to assist the State in the handling of the appeal.
Appellants were seeking a ruling that they were entitled to the return of 56 horses without having to reimburse the foster 
families for the expenses incurred in their care. The State’s position was that Appellants sat on their rights, and that a determination of their ability to care for the horses, and restitution, was required before the horses could be returned.
In a victory for our client, the Supreme Court ruled: “Thus, we reject appellants’ contention that the circuit court erred by refusing to order the return of appellants’ horses. In addition, we find a remand to the magistrate is necessary to determine whether appellants are now able to adequately provide care for these horses. If appellants are deemed able to care for the horses, the return of the horses may be ordered, provided that appellants make the requisite payments envisioned by section 47-1-150(F)(1).”
Thus, Appellants must show that they are (1) able to adequately provide care for these horses; and (2) if so, reimburse the foster families for the expenses incurred in caring for the horses, which are substantial. Only then would they be entitled to the return of the horses. The goal has always been to preserve the best interest of the animals.
“I was asked to handle this matter with the assistance of another associate. Because of his appellate experience, we asked Matt Bogan to assist us in an advisory capacity. He readily agreed. Soon thereafter, the assigned associate left the Firm, and it fell to Matt to assume a larger role in the case. He happily did so,” Mr. Kuppens said.
“Matt was extensively involved in the development of our strategy on appeal, the brief writing, and in helping me prepare for the oral argument. Throughout my dealings with him, Matt has displayed a pleasantness and enthusiasm that has made it a pleasure to work with him. More importantly, Matt is extremely bright, and he possesses maturity and judgment beyond his years. His contributions to the case were invaluable, and I am eternally grateful to him.”
