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  1. The plaintiff, Fulcher's Point Pride Seafood, Inc. ("Fulcher's Point"), brought these in rem actions under Federal Rule of Civil Procedure 9(h) to assert a maritime lien against the fishing vessels, Theodora Maria and Lady Mary, ("the fishing boats"). Fulcher's Point claims to have furnished the fishing boats with "advances, supplies, repairs ...

  2. May 06, 2009 · Karlson said in January 2007, when the government contractor, Science Systems and Applications Inc., of Georgia, was downloading the Lady Mary’s information, the C near the end of the code was ...

    • Order
    • *1070 I. Findings of Fact
    • II. Conclusions of Law
    • A. Presumption of Maritime Lien
    • B. Joint Venture
    • Profit Sharing as An Aspect of Joint Venture
    • Control as An Aspect of Joint Venture
    • III. Conclusion
    • Notes

    ENDENFIELD, Chief Judge. The plaintiff, Fulcher's Point Pride Seafood, Inc. ("Fulcher's Point"), brought these in remactions under Federal Rule of Civil Procedure 9(h) to assert a maritime lien against the fishing vessels, Theodora Maria and Lady Mary, ("the fishing boats"). Fulcher's Point claims to have furnished the fishing boats with "advances, supplies, repairs, and other necessities." The plaintiff claims $45,858.82 from the Theodora Maria and $2,844.56 from the Lady Mary. On July 25, 1990, the Court ordered the Lady Mary released after John Caustin ("Caustin"), the fishing boats' owner, stipulated that any lien that Fulcher's Point might have against the Lady Mary could be treated as being transferred to the Theodora Maria. John Caustin filed claims of ownership and applied to have the boats released under Rule E(4)(f), Supplemental Rules for Certain Admiralty and Maritime Claims, Fed.R.Civ.P. The Court heard evidence on this issue on February 12, 1990. The issue in this case...

    Fulcher's Point Pride Seafood, Inc., is a seafood packing house located at Oriental, North Carolina. The principal officer of the corporation is Chris Fulcher. John Caustin lives in Hampstead, North Carolina. He sells seafood for a wholesale company and owns and operates fishing boats, including the Theodora Maria and the Lady Mary. Fulcher and Caustin had a long business relationship, going back fifteen or twenty years. Prior to 1988, the extent of the business relationship was that Caustin often operated his vessels in the area near Fulcher's packing house, sold seafood caught on his vessels to Fulcher's Point, and purchased supplies for these vessels from Fulcher's Point. The two men trusted each other a great deal. In February 1988, Caustin, or more accurately Caustin's boats, owed Fulcher some money for supplies furnished to the boats. The Lady Mary was located in North Carolina, and the Theodora Maria was fishing in Georgia waters. Both were losing money. Fulcher thought he co...

    This is an admiralty and maritime action within the meaning of 28 U.S.C. § 1333 (1988) and Rule 9(h) of Fed.R.Civ.P.; thus, the Court has subject matter jurisdiction in this case. Furthermore, the Lady Mary and the Theodora Maria are vessels capable of being subject to maritime liens; therefore, this Court has jurisdiction over the vessels in rem. Miami River Boat Yard, Inc. v. 60' Houseboat, Serial # SC-40-2860-3-62, 390 F.2d 596, 597 (5th Cir.1968).

    The issue in this case is whether Fulcher's Point has a maritime lien against the Lady Mary and the Theodora Maria. The Federal Maritime Lien Act provides: 46 U.S.C. § 31342 (1988). Once a plaintiff establishes that he furnished necessaries to a vessel, a presumption attaches that he relied on the credit of the ship and consequently has a maritime lien. Crustacean Transp. Corp. v. Atalanta Trading Corp., 369 F.2d 656, 660 (5th Cir.1966). In the Eleventh Circuit, the presumption is very strong. Sasportes v. M/V SOL DE COPACABANA, 581 F.2d 1204, 1209 (5th Cir. 1978). Caustin concedes that Fulcher's Point Pride supplied necessaries to the boats; thus, there is a strong presumption that Fulcher's Point has a maritime lien on the boats.

    Caustin claims he can overcome this presumption, however, because his arrangement with Fulcher constituted a joint venture. Joint venturers cannot hold a maritime lien on a vessel because they are not "strangers to the vessel." Sasportes, 581 F.2d at 1208. Thus, if Caustin and Fulcher's Point were joint venturers, Fulcher's Point's claim must fail. Because of the presumption, however, Caustin has the affirmative burden of proving that the arrangement was a joint venture. If he cannot prove that a joint venture existed, then *1072Fulcher's Point has a maritime lien on the boats. Id.at 1208-09. A joint venture or joint enterprise exists when two or more combine their property or labor, or both, in a joint undertaking for profit with rights of mutual control, provided the arrangement does not establish a partnership. E.g., Southern Pine Products, Inc. v. Waller, 122 Ga.App. 288, 176 S.E.2d 631 (1970). As the Former Fifth Circuit recognized, however, the definition cannot be applied mec...

    This case is not as clear-cut as Sasportes because Fulcher did not share in the profits and losses, but he controlled the boats' operations. The absence of profit-sharing suggests the arrangement was not a joint venture. Fulcher contends, and Caustin conceded in his February testimony, that Caustin was to receive all of the profits from the boats. Although Fulcher did not regularly send checks for proceeds to Caustin, he credited the boats' accounts with the profits. If the boats had operated at a profit, Fulcher would have been obligated to turn the profits over to Caustin. Furthermore, the parties did not contemplate losses; consequently, they did not agree that Fulcher would bear any losses. Caustin contends that Fulcher "guaranteed" that the boats would profit, but this statement was not a guarantee in the legal sense. Instead, the context reveals that the statement was mere puffery. Thus, *1073the parties did not intend Fulcher to share the profits and losses of the boats. The...

    If this Court were to follow Cantieri, it would not need to determine whether Fulcher's Point exerted control over the boats' operation, for, as mentioned above, Fulcher did not share in the boats' profits and losses. The Sasportes court itself noted that "large creditors may exert some control over a business even when they are unquestionably not joint venturers." Sasportes, at 1208. The Cantieri court did not acknowledge, however, that Sasportes included control as one of the "more crucial features" of a joint venture. This conclusion did not change the result in Sasportes because the court concluded that Star-Kist's control was insignificant. Star-Kist "did not, for example, dictate Navexport's decisions about where to fish, whom to hire, what techniques to use, and the like." Id.at 1209. Unlike Star-Kist, Fulcher's exercised significant control over the Lady Mary and the Theodora Maria. First, he controlled where the boats fished, or more accurately, where they docked. He never...

    Because Fulcher's Point supplied necessaries to the vessels Lady Mary and Theodora Maria, a presumption arose that Fulcher's Point had a lien on the vessels. John Caustin has overcome this presumption, however, by proving that Fulcher exerted significant control over the operation of the boats and that his business profitted from this control. These factors amounted to proof that Fulcher's Point and John Caustin were joint venturers. As a joint venturer, Fulcher's Point is not a "stranger to the vessel," and only strangers to a vessel can hold a maritime lien against it. The Court therefore holds that Fulcher's Point does not have a maritime lien against the Lady Mary or the Theodora Maria. Accordingly, the Court renders JUDGMENT FOR THE DEFENDANT. SO ORDERED.

    To the extent that any findings of fact constitute conclusions of law, they are adopted as such. To the extent that any conclusions of law constitute findings of fact, they are so adopted. Fed.R.Civ.P. 52(a) requires a district court to issue findings of fact and conclusions of law whenever it conducts a bench trial. The findings of fact must be specific enough for a reviewing court to identify the factual findings upon which the court's legal conclusions are based. E.g., Stock Equip. Co. v. TVA, 906 F.2d 583, 592 (11th Cir.1990). This Court need not, however, make "a finding on every contention raised by the parties," Feazell v. Tropicana Prods., Inc., 819 F.2d 1036, 1042 (11th Cir.1987), but the findings "must be sufficiently detailed to give [a reviewing court] a clear understanding of the analytical process by which the ultimate findings were reached...." Id. (quoting Golf City, Inc. v. Wilson Sporting Goods, Inc., 555 F.2d 426, 433 (5th Cir.1977)). Although corporations are dis...

  3. hallmarked for Sterling near eyelet 3 ozt 8 dwt Length 13 1/4 inches. Property from the Estate of Patricia Ann Black Smyth, Santa Fe, New Mexico, Sold to Benefit Berea College, Berea, Kentucky Patricia Ann Black Smyth (1925-2018) was born in Kansas City, Missouri, the daughter of Ernest Bateman Black and Faye Bunyan Black.

  4. Bonhams, Australian & Aboriginal Art; Important Works from the Estate of Lady Nolan, Sydney, 19 Nov 2017, No. of Lots: 190. Articles on this Sale: 09/11/2017 Bonhams entrusted with sale of 118 Sidney Nolan works from the estate of Lady Mary Nolan. 20/11/2017 Estate Sale of Works by Australian Modernist Master Sidney Nolan Rallies Bonhams’ End ...

  5. Nov 11, 2009 · Lost Boat - Cape May (merged thread) Posted on Thu, Nov. 12, 2009 Fishing boat crew lost in rough seas off Cape May By Peter Mucha Inquirer Staff Writer The Coast Guard is searching rough seas for three crewmen, including a father and his son, missing at sea after their fishing boat sank off Cape May last night as a nor'easter hit the area.

  6. Today Arias told the inquiry that he agreed with Weeks’ theory that the Lady Mary ‘s fishing gear became entangled and the vessel was dragged under. Arias said the Lady Mary’s engines were still working, but the boat was not moving as it tilted to the left and took on water. The hearing is expected to last through the week.

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