Legal Opinion
Southern Reef Fisheries v. O/S Broadfire Leader
Court of Appeals for the Eleventh Circuit
Decided April 21, 1986No. 85-3254PublishedCited by 3 opinions
1Opinion of the Court
HILL, Circuit Judge:
FACTS
On April 27, 1982, the owner of the O/S BROADFIRE LEADER executed a preferred ship mortgage in favor of Borg-Warner Acceptance Corp. (“Borg-Warner”) in the principal amount of $107,763.80 (“Borg-Warner Mortgage 2”), which replaced and increased the principal amount of an earlier mortgage. Borg-Warner Mortgage 2 was endorsed on the vessel's General Abstract of Title and recorded on April 29, 1982.
On July 1, 1982, the owner executed a second preferred ship mortgage in favor of appellant, Southern Reef Fisheries, in the principal amount of $100,000. That mortgage was…
2Cases cited4 opinions
- Mercantile Bank & Trust Co. v. Fidelity & Deposit Co.Court of Appeals for the Eleventh Circuit · 1985
- Merchants & Marine Bank v. The Fishing Vessel T. E. Welles, Etc.Court of Appeals for the Fifth Circuit · 1961
- Jones v. CurtissWashington Supreme Court · 1944
- Avondale Shipyards, Inc. v. Tank Barge Ets 2303Court of Appeals for the Fifth Circuit · 1985
3Cited by3 opinions
- C.I.T. Corp. v. M/V WinchesterDistrict Court, E.D. Virginia · 1986
- Southern Reef Fisheries v. O/S Broadfire LeaderCourt of Appeals for the Eleventh Circuit · 1986
- 99 Cal. Daily Op. Serv. 2707, 1999 Daily Journal D.A.R. 3527Court of Appeals for the Ninth Circuit · 1999