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Florida Admiralty / Maritime Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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.

Tim Akpinar
Tim Akpinar answered on Apr 20, 2021

There isn't enough information to form any judgment on what happened here in terms of the handling of the case. But as a GENERAL matter in maritime and other types of injury cases, there are factors that could sometimes delay payment to a plaintiff. Some of these are not within the control of... Read 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... Read 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... Read 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... Read 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,... Read 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... Read 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... Read more »

Gordon Charles Webb
Gordon Charles Webb 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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1 Answer | Asked in Admiralty / Maritime, Civil Rights, Gov & Administrative Law and Libel & Slander for Florida on
Q: I have been done seriously wrong by the city of Edgewater, Florida. How can I find a lawyer who will fight the city?

Every attorney I have talked to has said "Oh, we don't practice that type of law." What type of practice will take a case against the city? I believe the case involves violations of state statutes and federal civil rights under color of law under 42 USC 1983.

Gordon Charles Webb
Gordon Charles Webb answered on Apr 2, 2018

Go online and look for an attorney with experience handling civil rights claims.

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... Read more »

Gordon Charles Webb
Gordon Charles Webb 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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1 Answer | Asked in Admiralty / Maritime and Consumer Law for Florida on
Q: My houseboat sank in a private marina during Hurricane Irma, What is my obligation as far as removal is concerned.
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2017

You have the obligation to remove it. For specifics refer to your agreement with the marina.

2 Answers | Asked in Admiralty / Maritime for Florida on
Q: What are international waters? Can I just pick a country to file an injury claim in if I'm injured in them?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 2, 2017

No, I believe you would file a claim in the country in which the ocean vessel (assuming there is a vessel involved) is registered.

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1 Answer | Asked in Admiralty / Maritime for Florida on
Q: I want to sue the captain of a ship I was working on for an injury sustained on his vessel while located off the coast

of Florida. He's not American though. Does that matter?

Michael Nicholas Lygnos
Michael Nicholas Lygnos answered on May 8, 2017

You do not provide enough facts for a definitive answer. If you are a foreign seaman working under a collective bargaining agreement on a foreign flag vessel with a mandatory arbitration remedy, then, the answer is no. If you are a seaman whose employment originated in a US port, and you were... Read more »

1 Answer | Asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Florida on
Q: the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993).

I'm a college student studying business, I have read the case and can't determine who won after the Union appealed the vacating of the arbitration award. Who won the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993). Exxon Shipping or Union? If Union why?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2016

Here is the summary of the opinion:

"The Exxon Seamen's Union has appealed from a district court order vacating an arbitration award that required the Exxon Shipping Company to reinstate an able bodied seaman on an oil tanker who was found to be highly intoxicated while on duty./...
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