In re Adventurent, Inc.

772 F. Supp. 1250, 1991 U.S. Dist. LEXIS 12936, 1991 WL 183332
CourtDistrict Court, M.D. Florida
DecidedSeptember 11, 1991
DocketNo. 90-338-CIV-FTM-17(D)
StatusPublished

This text of 772 F. Supp. 1250 (In re Adventurent, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Adventurent, Inc., 772 F. Supp. 1250, 1991 U.S. Dist. LEXIS 12936, 1991 WL 183332 (M.D. Fla. 1991).

Opinion

ORDER

KOVACHEVICH, District Judge.

This cause is before the Court on claimant’s motion to stay limitation proceeding and proceed with jury trial, filed June 24, 1991; claimant’s memorandum of law in support, filed June 24, 1991; and petitioner’s Memorandum of law in opposition, filed June 27, 1991.

FACTS

1. On April 10, 1990, claimant, DAVID SKINNER, was injured when he dove off that certain Model Chris Craft Seahawk known as “HORIZON” (hereinafter HORIZON), into a sand bar.

2. On November 20, 1990, petitioner, ADVENTURENT, INC., d/b/a CLUB NAUTICO, (hereinafter ADVENTURENT), filed complaint in United States District Court, Middle District of Florida, for exoneration from or limitation of liability pursuant to the Limitation of Liability Act found at 46 U.S.CApp. § 181, U.S.C., and Rule F of the Supplemental Rules of Certain Admiralty and Maritime Claims and the Federal Rules of Civil Procedure.

3. Petitioner deposited with this Court, as surety for the benefit of the claimants an ad interim stipulation for value, the amount of $14,500.00, representing the value of the vessel together with interest at 6% per annum from the date of the stipulation, that sum being not less than the amount of the statutory requirement of 46 U.S.C.App. § 183, et seq., and is in excess [1252]*1252of the alternative value of $420.00 per gross ton times the gross tonnage of the vessel.

4. This Court approved petitioner’s ad interim stipulation on January 25, 1991, and directed issuance of notice that all persons claiming damages by reason of the matter in issue on or before May 13, 1991, and restraining the prosecution of any and all lawsuits until the hearing and determination of this action.

5. On March 15, 1991, LEISURE FUN CORPORATION d/b/a CLUB NAUTICO OF MARCO ISLAND and GERALD D. MANNION (hereinafter LEISURE FUN) filed, pursuant to Rule 24(a)(2) and (b), motion to intervene in this limitation proceeding under 46 U.S.C.App. § 186. On April 5, 1991, ADVENTURENT and LEISURE FUN filed an intervening complaint, with ad interim stipulation, for exoneration from or limitation of liability.

6. On April 24, 1991, claimant, DAVID SKINNER, filed an answer and claim for maritime tort pursuant to 28 U.S.C. § 1333, and the General Maritime Law of the United States. Count I of said claim alleges unseaworthiness of the HORIZON. Count II alleges negligence on behalf of ADVEN-TURENT and LEISURE FUN and Count III alleges a violation of 46 U.S.C.App. § 688, the Jones Act.

7. On April 24, claimant, DAVID SKINNER, filed the first motion to stay limitation proceeding and proceed with jury trial on the grounds that said claimant is a single claimant who had previously filed a suit in the Fifteenth Judicial Circuit of the State of Florida, County of Palm Beach, Civil Action Number CL 91-546(G). Said claimant, further filed memorandum of law in support of said motion to stay limitation proceeding and proceed with this state court jury trial.

8. On May 1,1991, petitioners, ADVEN-TURENT and LEISURE FUN, filed their motion for issuance of order approving intervenor’s stipulation and directing issuance of notice and restraining lawsuits. This Court issued such order on May 30, 1991, which order provided that all claims, with respect to which the intervening complaint seeks limitation, file their respective claims with the clerk of the court on or before July 30, 1991.

9. On June 18, 1991, the Court, sua sponte, ordered that petitioners, ADVEN-TURENT and LEISURE FUN, had up to and including June 24, 1991, to show cause why the motion to stay limitation and proceed with jury trial should not be granted.

10. On June 24, 1991, petitioners, ADVENTURENT and LEISURE FUN, filed a motion for relief from the order to show cause and for extension of time to file a memorandum in opposition. The requested relief granted was until June 28, 1991.

11. On June 24, 1991, petitioner, ADVENTURENT, filed its reply to the motion to stay.

12. On June 24, 1991, claimant, DAVID SKINNER, re-filed his answer to intervening complaint and claim for maritime tort pursuant to 28 U.S.C. § 1333, and the General Maritime Law of the United States. Count I of said claim alleges unseaworthiness of the HORIZON. Count II alleges negligence on behalf of ADVENTURENT and LEISURE FUN, and Count III alleges a violation of 46 U.S.C.App. § 688, the Jones Act.

DISCUSSION

A plaintiff loses his right to chose the action’s forum when a petitioner brings an action in federal court to limit liability pursuant to the Limitation of Liability Act, 46 U.S.C.App. § 181, et seq. Complaint of Sheen, 709 F.Supp. 1123, 1126 n. 2 (S.D.Fla.1989). The Limitation of Liability Act falls within the exclusive admiralty jurisdiction of the federal court. Id. Issues pertaining to this Act must be answered in accordance with principles of established law, with the first question being whether the ship or its owners are liable at all. Providence and N.Y. SS. Co. v. Hill Manufacturing Co., 109 U.S. 578, 595, 3 S.Ct. 379, 390, 27 L.Ed. 1038 (1883). Only after the issue of liability has been determined, may the issue of the extent of liability be determined. Id. It follows that the extent of liability must be decided by the federal district Court having jurisdiction, and, in [1253]*1253order for its finding to be conclusive, that Court must exercise complete control over the case, “to the exclusion of other courts and jurisdictions”. Id.

However, as established in Langnes v. Green, 282 U.S. 531, 51 S.Ct. 243, 75 L.Ed. 520 (1931) and Ex parte Green, 286 U.S. 437, 438-40, 52 S.Ct. 602, 603, 76 L.Ed. 1212 (1932), there is an exception to the exclusive jurisdiction of this Court: when a lone claimant files an action seeking a recovery in excess of the limitation fund and the claimant concedes to the exclusive admiralty jurisdiction to determine any and all issues pertaining to limited liability. In re Complaint of Dammers and Vanderheide, 836 F.2d 750, 755 (2d Cir.1988).

1. DAVID SKINNER is a lone claimant

Petitioners, ADVENTURENT and LEISURE FUN, contend in their memorandum of law in opposition to claimant’s motion to stay limitation proceeding and proceed with jury trial that claimant’s position as a sole claimant is premature due to this Court’s issuance of Notice to claimants on June 17, 1991, which provided for a period until and through July 30, 1991, for additional claims to be filed. This Court now recognizes that no other claims have been filed with the clerk and confers upon DAVID SKINNER, lone claimant status.

2. Claimant’s concession to federal jurisdiction over limited liability issues

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Related

Langnes v. Green
282 U.S. 531 (Supreme Court, 1931)
Ex Parte Green
286 U.S. 437 (Supreme Court, 1932)
In Re the Complaint of Sheen
709 F. Supp. 1123 (S.D. Florida, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
772 F. Supp. 1250, 1991 U.S. Dist. LEXIS 12936, 1991 WL 183332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adventurent-inc-flmd-1991.