Legal Opinion
Betty K Agencies, Ltd. v. M/V Monada
Court of Appeals for the Eleventh Circuit
Decided December 16, 2005No. 04-14208PublishedCited by 828 opinions
1Opinion of the Court
MARCUS, Circuit Judge:
Appellant, Betty K Agencies, LTD. (“Betty K”), challenges the district court’s suet sponte order dismissing with prejudice its maritime claims against Appellees Tidal Wave Limited (“Tidal Wave”) and MTV MONADA (“MONADA”). Because the district court dismissed the case ivith prejudice as a sanction for failure to answer a counterclaim and perfect service of process, without finding that Betty K acted with willful or contumacious disregard for court rules, and without finding that lesser sanctions were somehow inadequate, we vacate the district court’s Dismissal Order and…
2Cases cited31 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Continental Grain Co. v. Barge FBL-585Supreme Court of the United States · 1960
- Lopez v. Aransas County Independent School DistrictCourt of Appeals for the Fifth Circuit · 1978
- Henderson v. United StatesSupreme Court of the United States · 1996
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3Cited by828 opinions
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