Florida Admiralty / Maritime Questions & Answers

Q: i am looking for the proper form quo warranto state of florida

2 Answers | Asked in Traffic Tickets, Admiralty / Maritime and Civil Rights for Florida on
Answered on Nov 15, 2018
Gary Kollin's answer
Look at Florida Appellate Practice by Padavano

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?

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Sep 9, 2018
Timur Akpinar's answer
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, duties, and choices for a given passage(s) can also be determined by specific terms and conditions provided in a particular ticket, travel package, contract, or other arrangement entered into with a vessel...

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

1 Answer | Asked in Bankruptcy, Admiralty / Maritime, Energy, Oil and Gas and Mergers & Acquisitions for Florida on
Answered on Jul 6, 2018
Timothy Denison's answer
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.

Q: Can I be arrested if I left a cruise ship in Jamaica owing them $6000?

2 Answers | Asked in Admiralty / Maritime for Florida on
Answered on Apr 26, 2018
Gordon Charles Webb's answer
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?

Q: I have been done seriously wrong by the city of Edgewater, Florida. How can I find a lawyer who will fight the city?

1 Answer | Asked in Admiralty / Maritime, Civil Rights, Gov & Administrative Law and Libel & Slander for Florida on
Answered on Apr 2, 2018
Gordon Charles Webb's answer
Go online and look for an attorney with experience handling civil rights claims.

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.

2 Answers | Asked in Admiralty / Maritime and Personal Injury for Florida on
Answered on Feb 12, 2018
Gordon Charles Webb's answer
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.

Q: My houseboat sank in a private marina during Hurricane Irma, What is my obligation as far as removal is concerned.

1 Answer | Asked in Admiralty / Maritime and Consumer Law for Florida on
Answered on Sep 16, 2017
Terrence H Thorgaard's answer
You have the obligation to remove it. For specifics refer to your agreement with the marina.

Q: What are international waters? Can I just pick a country to file an injury claim in if I'm injured in them?

2 Answers | Asked in Admiralty / Maritime for Florida on
Answered on Jun 2, 2017
Terrence H Thorgaard's answer
No, I believe you would file a claim in the country in which the ocean vessel (assuming there is a vessel involved) is registered.

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

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on May 8, 2017
Michael Nicholas Lygnos' answer
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 injured offshore, you possibly can sue the vessel. There are jurisdiction issues. The vessel could be owned by a soverign or government, which has special rules. There are many potential issues. Call a...

Q: the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993).

1 Answer | Asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Florida on
Answered on Oct 24, 2016
Terrence H Thorgaard's answer
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./ Shipping Company to reinstate an able bodied seaman on an oil tanker who was found to be highly intoxicated while on duty.\ The district court held that this arbitration award was contrary to the well defined...

Q: I need to file for an emergency post seizure hearing to file a complaint on a wrongful arrest of a sailing vessel

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Jul 25, 2016
Terrence H Thorgaard's answer
Is this case in federal district court (Admiralty rules and jurisdiction)? If so, I expect that you can request a hearing electronically. If you will send me the case number and district (There are three federal districts in Florida), I would be happy to look at it for you.

Q: A man who rented my boatlift stopped paying 2 months ago and I can't reach him. The boat's still there. What can I do?

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Aug 7, 2015
Robert Jason De Groot's answer
Find him. Get a lien on the boat and eventually sell it, if that can be done. Consult with a local attorney.

Q: What CFR Reg / s apply to who is allowed to see the official logbook? I am trying to deny access and need the rule

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Aug 6, 2015
Robert Jason De Groot's answer
You have not given enough facts or even the context from which you ask this question. Go see an attorney if it is still a problem.

Q: In an admiraty lawsuit, does the defendant have to appear in court or can he appear telephonically?

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Aug 4, 2015
Robert Jason De Groot's answer
You asked this question over two years ago. I hope you found an answer when you needed it.

Q: What is the requirement for a boat 17ft in length.

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Aug 4, 2015
Robert Jason De Groot's answer
What requirement are you talking about, and have you asked the government people yet who issue licenses?

Q: how long are you allowed to anchor off the Florida keys if you are out side the 3 mile limit

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Apr 14, 2015
Robert Jason De Groot's answer
I do not know and I am quite sure that you are not going to get an adequate response on this forum. It would probably be best to actually go see a local attorney who might have some experience in this type of law.

Q: I need to kow about my status recording for demands, but I don't remember the judge's name, what can I do?

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Mar 23, 2015
Robert Jason De Groot's answer
Where was the court? Try to find out on the internet who the judge was. They are usually listed at the court website.

Q: Is it a breach of maritime law for a staff captain to sign a disciplinary form to say he witnessed a test when he did'nt

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Mar 16, 2015
Robert Jason De Groot's answer
Did you actually go see an maritime attorney about this? That is always the very best thing to do, to go see an attorney. Maritime attorneys do not usually answer questions on this forum.

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