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Groves family wins small victory in court over service dog funds - 12 News KBMT and K-JAC. News, Weather and Sports for SE Texas

Groves family wins small victory in court over service dog funds

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Gunner on his first day with the McLeod family (KBMT file image 5/17/2012) Gunner on his first day with the McLeod family (KBMT file image 5/17/2012)

Some Groves family members who hope to recoup funds raised in Southeast Texas to help buy their son a service dog won a small battle in court Wednesday.

58th District Court Judge Bob Wortham refused to dismiss a lawsuit against Virginia-based Guardian Angel Service Dogs. The company sold a dog to Ryan and Tara McLeod. The McLeod's bought the service dog, one they named Gunner, for $20,000.

The McLeod's son Racer has Type One Diabetes. Gunner can detect when Racer is about to have a seizure.

The dog's purchase was made possible last May through a number of benefits. Southeast Texans actually raised about $75,000. All of the money, nearly four times the actual cost of the dog, went to the Virginia Company. The McLeods say they, not the company, are entitled to the other $55,000.

Guardian Angel Service Dogs filed a motion to dismiss, requesting the case be sent back to Virginia. Judge Wortham denied the motion, and the case is now expected to go to trial within a few months.

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