Elawyers Elawyers
Washington| Change

IN RE FRANKLIN, 2:15-cv-670-FtM-38CM. (2015)

Court: District Court, M.D. Florida Number: infdco20151118936 Visitors: 19
Filed: Nov. 17, 2015
Latest Update: Nov. 17, 2015
Summary: ORDER APPROVING AD INTERIM STIPULATION CAROL MIRANDO , Magistrate Judge . Before the Court is Plaintiff Wayne Franklin's Ad Interim Stipulation for Value and Costs (Doc. 2) filed on October 28, 2015. A verified Complaint has been filed herein by Petitioner Wayne Franklin as owner of the 2004 SeaDoo GTX 4-TECT LTD SuperC HIN# ZZN20578B404 and Florida Registration #FL5467MP ("the Vessel"). Petitioner is claiming the benefits of exoneration from or limitation of liability as provide
More

ORDER APPROVING AD INTERIM STIPULATION

Before the Court is Plaintiff Wayne Franklin's Ad Interim Stipulation for Value and Costs (Doc. 2) filed on October 28, 2015. A verified Complaint has been filed herein by Petitioner Wayne Franklin as owner of the 2004 SeaDoo GTX 4-TECT LTD SuperC HIN# ZZN20578B404 and Florida Registration #FL5467MP ("the Vessel"). Petitioner is claiming the benefits of exoneration from or limitation of liability as provided for in the Act of Congress embodied in 46 U.S.C. § 30501, et. seq., and Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure with respect to any and all loss, injury, or damage arising out of an incident involving the Vessel on or about May 24, 2015. Petitioner's Complaint also states the facts and circumstances on which such exoneration from or limitation of liability is claimed. On considering the verified Complaint and Ad Interim Stipulation for Value and Costs, which are on file herein, and considering Petitioner is able and willing to make such increases or decreases in the Ad Interim Stipulation, together with adequate surety as the Court may from time to time require, and the value of Petitioner's interest in the Vessel can be more definitely ascertained, the Court finds that an Ad Interim Stipulation in the amount of $4,300.00 fully covers the value of Petitioners' interest in the Vessel, together with her engines, appurtenances, equipment, etc.

ACCORDINGLY, it is hereby

ORDERED:

1. The Ad Interim Stipulation filed by Petitioner herein, which represents the value of Petitioner's interest in the Vessel, as fixed by the Court herein the amount of $4,300.00 with Petitioner being subject to such increases in the amount of such Ad Interim Stipulation, together with adequate surety, as the Court may from time to time order according to the rules and practices of this Court, be and is hereby APPROVED. It is further

2. If the amount of said Ad Interim Stipulation is not contested by any Claimant herein, said Ad Interim Stipulation shall stand as a stipulation for the value and an appraisal by a Commissioner will not be required.

DONE and ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer