Legal Opinion
Paradise Divers, Inc. v. Kevin R. Upmal
Court of Appeals for the Eleventh Circuit
Decided March 9, 2005No. 04-12037PublishedCited by 17 opinions
1Per curiam
The sole issue in this admiralty appeal is whether correspondence from Kevin Up-mal, a seaman, to Paradise Divers, owner of the M/V PARADISE DIVER IV, in March and May of 2002 was sufficient written notice of a claim, under 46 App. U.S.C. section 185, to begin the running of the six-month limitation period during which a vessel owner must file an action for limitation of liability. If that correspondence triggered the running of the limitation period, then the action for limitation of liability filed by Paradise Divers on March 31, 2003, was untimely. Because the letters from Upmal to…
2Cases cited10 opinions
- Beck v. Deloitte & ToucheCourt of Appeals for the Eleventh Circuit · 1998
- Linda Hoffman-Pugh v. Patricia Ramsey, John RamseyCourt of Appeals for the Eleventh Circuit · 2002
- Tankers v. Steamtug Long BranchCourt of Appeals for the Second Circuit · 1958
- In the Matter of the Complaint of McCarthy Brothers Company/clark Bridge, as Owner Pro Hac Vice of Barge No. Aeb1 for Exoneration From or Limitation of LiabilityCourt of Appeals for the Seventh Circuit · 1996
- Doxsee Sea Clam Co., Inc. v. Christian BrownCourt of Appeals for the Second Circuit · 1994
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Patricia Franza v. Royal Caribbean Cruises, Ltd.Court of Appeals for the Eleventh Circuit · 2014
- Orion Marine Construction, Inc. v. Mark DawsonCourt of Appeals for the Eleventh Circuit · 2019
- RLB Contracting, Inc. v. ButlerCourt of Appeals for the Fifth Circuit · 2014
- Moore ex rel. the Estate of A.M. v. Chilton County Board of EducationDistrict Court, M.D. Alabama · 2013
- In re Waterfront License Corp.District Court, S.D. Florida · 2005
12 more not listed; retrieve them via the Exa API.