We seized two horses that were so severely underweight that one had to be put down. Vet testified at the property hearing that other than malnutrition the horses were essentially healthy. The JP returned the other horse. First question - JP said the DA's office did not need to be represented even though the seizure was under warrant. Is that correct - he never notified us of the hearing (unlike the times he notifies us about traffic hearings) Second - can we appeal the JP ruling. Finally - we also are in the process of filing a criminal case, can we get a warrant to seize the horse based on evidence in a criminal case? We are trying to make sure these people do not get the chance to continue starving the horse. This is not a mild case of starvation - the horses are skeletal with skin stretched over their bones. Any help would be appreciated.

For what it's worth: 1) I don't think the state can appeal the JP ruling, since � 821.025 limits the appeal to the owner in circumstances. 2) Our office (Potter County Attorney) has always represented the sheriff in these cases. I would cite Granger v. Folk, 931 SW2d 390 (1996) as authority for the state, and thus the appropriate prosecutor for the state, to appear for the state. 3) As a general proposition, the facts underlying the probable cause for the criminal warrant would support the warrant for seizure of the animal.