1. Home
  2. Browse Decisions
  3. F.3d
  4. 91 F.3d
  5. 91 F.3d 1445 (1996)
 

BOUCHARD TRANSP. v. FLORIDA DEPT. OF ENVIR. PROT.

No. 95-2192.

91 F.3d 1445 (1996)

In the Matter of the Complaint of BOUCHARD TRANSPORTATION CO., etc. for exoneration from or limitation of liability as owner of the Tug Capt. Fred Bouchard and the Barge B No. 155, Plaintiffs-Appellees, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Claimant-Appellant. In the Matter of the Complaint of MARITRANS OPERATING PARTNERS L.P., etc. for exoneration from or limitation of liability as owner of the Tug Seafarer and the Barge Ocean 255, Plaintiffs-Appellees, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Claimant-Appellant. In the Matter of the Complaint of TSACABA SHIPPING CO., INC., etc. for exoneration from or limitation of liability as owner of the M/V Balsa 37, Plaintiffs-Appellees, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 20, 1996.

Attorney(s) appearing for the Case

Charlie McCoy, Asst. Attys. Gen., Denis Dean, Maureen M. Malvern, Patricia V. Kingcade, Dept. of Envtl. Prot., Office of General Counsel, Tallahassee, FL, for Dep.

Timothy P. Shusta, Havden & Milliken, Tampa, FL, for Tsacaba Shipping, et al.

Nathaniel G.W. Pieper, Lau, Lane, Pieper, Conley & McCreadie, Tampa, FL, for Maritrans.

Carl R. Nelson, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, FL, for Bouchard.

Andra T. Dreyfus, Clearwater, FL, for Def. Updegraff, et al.

Ralph O. Anderson, Hicks, Anderson & Blum, Miami, FL, for Boco Ciega Hotel, B.I., etc.

Lawrence B. Brennan, Bigham, Englar, Jones & Houston, New York City, Robert B. Parrish, Taylor, Moseley & Joyner, Jacksonville, FL, for Maritrans Operating Partners.

Before COX and BARKETT, Circuit Judges, and BRIGHT, Senior Circuit Judge.

PER CURIAM:

The Florida Department of Environmental Protection ("DEP") appeals the district court's order overruling its objection to court-ordered mediation with the vessel owners who filed these consolidated limitation actions. The district court either declined to rule or deferred ruling on various motions in which DEP argued it was entitled to Eleventh Amendment immunity, and ordered DEP to mediate. We conclude that the district court erred in ordering DEP to...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases