Earlier this month, a 97th District Court jury determined Brehmer acted unreasonably by depriving the horses of food, water, and care, and ruled custody remain with the county.
Before the trial even began, Brehmer's attorney filed paperwork with the court of appeals. He claimed County Judge Kenny Liggett didn't have jurisdiction to have a trial because it happened after a 10 day deadline set by health and safety codes in relation to animal seizures.
Last week, the second court of appeals denied that claim, meaning the horses will remain in Clay County's custody. Sheriff Kenny Lemons will be auctioning the horses next Thursday at 11 am.
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