Devorah Aikman will not get her horses back.

The two horses removed from her care amid allegations of animal cruelty will be sold following Wednesday's ruling by Judge Bart McDougal that Aikman is not indigent and should be required to pay court costs.

Police began investigating the case after receiving two complaints that 11 horses, which were kept on private property in Stephenville, were living in filthy conditions without enough food or water.

The horses were removed from Aikman's care and temporarily placed at Hoof Prints Ranch.

After a hearing in July, Judge Shawnee Bass ruled that two of the horses - which were the most fragile - would not be returned to Aikman.

Following the ruling, Aikman claimed she could not afford an attorney and filed a pauper's affidavit, but Erath County Attorney Lisa Pence filed an objection.

The case was then shifted to Judge McDougal's courtroom Wednesday for a hearing to decide if Aikman could proceed without paying court costs.

Citing the fact that Aikman has a job and owns 11 other horses (she recently purchased two more), McDougal ruled that Aikman is not indigent, and if she can afford to house and care for 11 horses, she can afford to pay court costs.

Aikman, however, said she will appeal the decision to the 11th District Court of Appeals.

But Pence said that can't happen and that the two horses that were not returned to Aikman will be sold.

"As far as I'm aware, there is no provision for her to file an appeal," Pence said, adding that while the civil case is over, the criminal case against Aikman will move forward.

Aikman has been charged with cruelty to animals.