United States Eleventh Circuit

Dismissal of tort and contract claims of an intervening plaintiff, seeking to enforce a lien against a cruise ship being sold in foreclosure by the holders of the ship's preferred mortgage, is affirmed as to the in rem tort claims against the vessel for fraud in the inducement and negligent misrepresentation, but is reversed where the district court dismissed with prejudice the in personam breach of contract claim against the owner of the vessel.

Appellate Information

• Decided 09/08/2006
• Published 09/08/2006

Judges

• DUBINA, Circuit Judge:, Before DUBINA, MARCUS and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael E. Conroy, Richard Dennis Rusak, McAlpin & Brais, P.A., Miami, FL, for Intervenors-Plaintiffs Appellants.


• For Appellees:
  
• Michael T. Moore, Scott Andrew Wagner, Moore & Company, P.A., Coral Gables, FL, for Plaintiffs-Appellees.