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FISCHER v. S/Y NERAIDA

No. 06-10661.

508 F.3d 586 (2007)

David T. FISCHER, individually, Plaintiff-Appellant, Alfred J. Fisher, Intervenor-Plaintiff-Appellant, v. S/Y NERAIDA, her engines, tackle, rigging, dinghies, equipment, appurtenances, furniture, etc., in rem, Neraida Co., L.P., a Michigan Limited Partnership, Peter Siavrakas, in personam, Defendants-Intervenor-Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 19, 2007.

Attorney(s) appearing for the Case

Robert D. McIntosh, Alain E. Boileau, Adorno & Yoss, LLP, Ft. Lauderdale, FL, for Appellants.

Jonathan Holmes Dunleavy, Richard J. McAlpin, McAlpin & Brais, P.A., Miami, FL, for Appellees.

Before TJOFLAT, HULL and BOWMAN, Circuit Judges.

TJOFLAT, Circuit Judge:

This case arose from an allision between an unmanned pleasure yacht and a dock when Hurricane Frances hit south Florida in early September of 2004.1 The district court found that the yacht-owner exercised reasonable care in preparing for the storm and accordingly exonerated him and his boat from liability. The dock owner now appeals. Because the district court applied the proper standard of care and correctly allocated...

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