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Florida Admiralty / Maritime Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Admiralty / Maritime for Florida on
Q: I want to sue a yacht charter broker in Fort Lauderdale.

I want to sue a yacht charter broker in Fort Lauderdale. Long story short. For my 70th birthday I rented a very expensive home on the water for 3 nights.

I chose the home because the yacht broker I was working with said docking the yacht I selected for a day charter 'should not be a... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 26, 2023

You didn't ask a question in this Q & A forum, but I suppose you're wondering if you have a viable potential claim. That depends on a few factors, including the terms of the written contract. Generally, verbal comments that conflict with the written contract cannot be the basis for... View More

1 Answer | Asked in Medical Malpractice, Admiralty / Maritime and International Law for Florida on
Q: Can a US Flagged yacht sail to the Bahamas and have illegal medical procedures performed on the boat by a U.S. Based dr?

Does this violate any laws and what are the potential risks of the crew aboard?

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023

"Illegal procedure" according to whom and under what laws? Maritime law? Who died? Who is complaining? The licensed physician can worry about his own ethical and medical obligations under his/her license.

As you see, it is impossible to respond to your concern, as drafted, sorry.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: I need to place a lien on a boat but the owner has removed the boat without paying dockage and repairs.

Can i still place a lien now that I don't have the boat??

Adam Eugene Deitz
Adam Eugene Deitz
answered on Jun 12, 2023

Whether you have a valid lien and if/how you should enforce same are complicated questions of law that you should discuss in detail with an experienced maritime lawyer. However, if the Vessel is documented with the United States Coast Guard, the process of recording a lien is fairly simple.... View More

1 Answer | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for Florida on
Q: If I have been working for a tour boat company for a week and am injured do i qualify for jones act protection medical?

As a 100 ton boat captain I was training on a new job with a fast boat that holds 30 passengers. While training under the command of another captain at the helm. I was injured. I was also injured the day before due to safety issues below deck. Both injuries to my deck I informed my employer by... View More

Tim Akpinar
Tim Akpinar
answered on May 6, 2023

I'm sorry about your injuries. Yes, on your first question, it sounds like you would qualify for maintenance and cure. Those fast boats are usually domestically registered and do not operate under offshore flags. I can't be certain, based on the details of the post, but I would guess that... View More

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: For a documented vessel that is going to be used in the state of Florida do you have to pay sales tax?

Vessel was bought in the state of Florida and is staying in the state. I have heard you do not have to pay sales tax because it is a documented vessel and I have also heard that you do have to pay but only when you sell your vessel.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 23, 2022

What you have heard, when you think about it, doesn't quite make sense. You heard that YOU don't have to pay the tax, but one has to pay when one sells it; the answer would be one or the other. Review Florida Statute 212.05 (b). I don't see any exception for a "documented... View More

2 Answers | Asked in Products Liability and Admiralty / Maritime for Florida on
Q: We are sending material discovered located in our diesel tank for testing. believe an employee put a product in the tank

Our boat was in the yard for repair. We believe a product was placed in the tank to cause harm to us and the boat.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2021

And what is your question?

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3 Answers | Asked in Admiralty / Maritime for Florida on
Q: Federal case regarding Jones Act

This is for a federal Jones Act case. The plaintiff ....

THe dismissal was 'dismissed without prejudice for lack of prosecution'. It didn't show up in the details

Editing this for more details... of course yes she has tried reaching out to other counsel but running... View More

Raul G. Delgado II
Raul G. Delgado II
answered on May 5, 2021

Under these circumstances, it sounds like she may have a good argument to get the dismissal vacated if the basis behind the dismissal is because of former counsel's inattention and not the individual personally. There is no black and white answer because it seems as if there are a lot of... View More

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1 Answer | Asked in Admiralty / Maritime, Business Law, Civil Rights and Collections for Florida on
Q: Can I chain a customers boat to the dock for non payment?

I own a commercial diving business that does underwater hull cleaning and yacht maintenance. I had a customer bring his boat to the marina where I am currently staying on my own boat. After I took care of his boat he didn't show up to pay me or get his boat at the time we agreed. Rather than... View More

Tim Akpinar
Tim Akpinar
answered on May 3, 2021

Only a Florida attorney could advise you on your specific question. But you posted under Admiralty/Maritime Law, and under U.S. maritime law, a remedy that is sometimes applied in settings where vessel interests owe money is a maritime lien. This comes up in ship mortgages, vessel collisions, crew... View More

2 Answers | Asked in Criminal Law and Admiralty / Maritime for Florida on
Q: please see below

I own 51% of a marine contracting company. The company owns several tug boats and other pieces of marine equipment.

Can I gift one of the tug boats to another company which I own 100% of. Once the transaction is complete, can I then lease the tugboat back to the original company which... View More

Henry George Ferro
Henry George Ferro
answered on Apr 21, 2021

You may do what you propose...but the proviso is that there are likely tax consequences to your proposal...You should be communicating with a tax specialist and/or accountant...

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2 Answers | Asked in Admiralty / Maritime, Legal Malpractice, Medical Malpractice and Personal Injury for Florida on
Q: My injury case was settled but I never got my money part (maritime). I want to make a new case for Malpractice.

My injury case was onboard a cruise line ship and this case is on Brevard County Court.

For the new case I want to have for Malpractice occurred in Lantana, Lake Worth.

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Apr 20, 2021

There may be many reasons why you may not have received your settlement money including liens against the settlement money that still need to be resolved. Assuming there are no liens to be paid from the settlement money and that the settlement check was already received by your attorney and that... View More

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1 Answer | Asked in Admiralty / Maritime and DUI / DWI for Florida on
Q: I was arrested and 92 for a DUI in Hawaii I was in the Marine corps it was maritime do I still have to pay that fine
Tim Akpinar
Tim Akpinar
answered on Nov 1, 2020

It isn't fully clear what is meant when you say this matter was maritime. If by "maritime" you mean it involved operating a vessel under the influence, it could be what many states call Boating While Intoxicated (or some jurisdictions use Boating While Ability Impaired, where there... View More

2 Answers | Asked in Admiralty / Maritime for Florida on
Q: Is this still valid law in terms of the selling price must at least be for 1/2 the value of the vessel?

F.S. 328.17 non judicial sale of vessel.

In addition, there is no written lease involved After purchasing the boat from the boatyard.

Thank you.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 5, 2020

I don't see anything in Section 328.17 providing that "the selling price must at least be for 1/2 the value of the vessel". But if you want, look it up yourself at... View More

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1 Answer | Asked in Tax Law, Traffic Tickets, Workers' Compensation and Admiralty / Maritime for Florida on
Q: AA222141 what's this #means

Moorish is the only citizen, not Americans

Tim Akpinar
Tim Akpinar
answered on Aug 10, 2020

This is posted under Admiralty/Maritime, but I am not able to cross-reference any federal maritime statutes under those letters and digits. If it is a case citation, one possibility is Moorish National Republic Federal Government #AA222141 et al v. US Department of State et al, US District Court... View More

1 Answer | Asked in Admiralty / Maritime, Business Formation, Business Law and Employment Law for Florida on
Q: US pass through entity gains revenue from services aboard a cruise ship. Does that entity pay US federal and state tax
Tim Akpinar
Tim Akpinar
answered on Jun 22, 2019

This question needs to be presented to a tax attorney - try to repost, adding Tax Law as a category.

Tim Akpinar

1 Answer | Asked in International Law and Admiralty / Maritime for Florida on
Q: Can experimental (non-US FDA approved) medical procedures be performed by doctors on ships in international waters?

Maritime law question....Could a ship flagged in a non-U.S. registered/flagged country (e.g. the Bahamas) have a doctor on board perform experimental procedures (say, for cancer) when in international waters that are not allowed in the U.S. ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2019

Probably. What, if any connection does the doctor have with the U.S.?

2 Answers | Asked in Traffic Tickets, Admiralty / Maritime and Civil Rights for Florida on
Q: i am looking for the proper form quo warranto state of florida
Gary Kollin
Gary Kollin
answered on Nov 15, 2018

Look at Florida Appellate Practice by Padavano

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1 Answer | Asked in Admiralty / Maritime for Florida on
Q: Can a U.S. person with flying disabilities take a cruise ship from LA to Hawaii and then a different ship back to LA?

One way cruise to Hawaii and a return say a week later on another cruise ship?

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2018

As a general matter, I’m not aware of any maritime law provision that prohibits purchasing a one-way passage from one port to another on one vessel and then purchasing another one-way passage on a different vessel for a return trip. That is as a general matter. However, a person’s rights,... View More

Q: Can a bankruptcy court go back and tell a corporation they have to compensate smaller stockholders

I owned stock in a oil drilling company think it was ocean rig there was a bunch I would have to call fidelity to be 100% sure. Bought the stock800-900 shares for a buck each when oil tanked. They restructured right as oil bottomed out got out of anyone who had like less than 10000 shares and now... View More

Timothy Denison
Timothy Denison
answered on Jul 6, 2018

The court has the power to consider such repayment as you ask, but it is highly unlikely they would exercise it based on the above.

2 Answers | Asked in Admiralty / Maritime for Florida on
Q: Can I be arrested if I left a cruise ship in Jamaica owing them $6000?

I was on a 7 day cruise from miami and I racked up a $6000 bill in the Casino, I was unable to pay so i Left the Ship at the jamaican port. The ship does not fly under a US Flag. Now the sheriff in miami is threatening me that he is going to get a warrant and arrest me. Is he just pulling my leg... View More

Gordon Charles Webb
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Gordon Charles Webb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2018

Sheriffs usually don't run around making false threats without acting, but if he is for real - and not some rent a cop - you might respectfully ask him for his basis. . . . . We would need more information, i.e. did you destroy property or just drink to much?

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2 Answers | Asked in Admiralty / Maritime and Personal Injury for Florida on
Q: I was on a Norwegian cruise and got hurt on their island, in an area that had no signs posted swim at your own risk.

I ended up having to go back to the ship to have my injury seen by a doctor. I only signed a document for treatment, I did not sign for the Medical Services Bill that state I will not hold them liable and that I will accept paying the bill. They are now trying to send me to collections. What can... View More

Gordon Charles Webb
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Gordon Charles Webb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2018

You most likely will need to sue them in Florida. Typically you must send them a Notice of Claim letter within 6 months of the incident and then file suit within one year of the incident. So best you consult with a Florida lawyer ASAP.

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