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PARADISE DIVERS, INC. v. UPMAL

No. 04-12037.

402 F.3d 1087 (2005)

PARADISE DIVERS, INC., as Owner of the 30' Island hopper M/V PARADISE DIVER IV bearing hull identification number D929003, her engines, tackle, appurtenances, etc., Petitioner, in a cause for exoneration from or limitation of liability, Plaintiff-Appellant, v. Kevin R. UPMAL, Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 9, 2005.

Attorney(s) appearing for the Case

Richard Dennis Rusak, Keith S. Brais, McAlpin & Brais, P.A., Edward A. Moss, Humberto H. Ocariz, Stephen Jerome Darmody, Law Offices of Shook, Hardy & Bacon L.L.P., Miami, FL, for Plaintiff-Appellant.

Philip D. Parrish, Philip D. Parrish, P.A., Miami, FL, Michael William McLeod, Andrew Seiden, Seiden, Alder & Matthewman, P.A., Boca Raton, FL, for Claimant-Appellee.

Before ANDERSON, PRYOR and HILL, Circuit Judges.

PER CURIAM:

The sole issue in this admiralty appeal is whether correspondence from Kevin Upmal, a seaman, to Paradise Divers, owner of the M/V PARADISE DIVER IV, in March and May of 2002 was sufficient written notice of a claim, under 46 App. U.S.C. section 185, to begin the running of the six-month limitation period during which a vessel owner must file an action for limitation of liability. If that correspondence triggered...

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