United States Eleventh Circuit
Betty K Agencies, Ltd. v. M/V Monada, 04-14208
Sua sponte order dismissing with prejudice plaintiff's maritime claims as a sanction for failure to answer a counterclaim and perfect service of process is vacated since there was no finding that plaintiff acted with willful or contumacious disregard for court rules, and a finding that lesser sanctions were somehow inadequate.
Appellate Information
- Decided 12/16/2005
- Published 12/16/2005
Judges
- MARCUS, Circuit Judge:, Before HULL, MARCUS and HILL, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Stephen C. Irick, Jr., Hayden & Milliken, P.A., Miami, FL, for Appellant.
- For Appellees:
- Arthur Joel Levine, Law Office of Arthur Joel Levine, Miami, FL, for Appellees.