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BETTY K AGENCIES, LTD. v. M/V/ MONADA

No. 04-14208.

432 F.3d 1333 (2005)

BETTY K AGENCIES, LTD., Plaintiff-Appellant, Counter-Defendant, v. M/V MONADA, her engines, tackle, appurtenances, etc., on rem, Tidal Wave, Ltd., in personam, Defendants-Appellees, Counter-Claimants.

United States Court of Appeals, Eleventh Circuit.

December 16, 2005.

Attorney(s) appearing for the Case

Stephen C. Irick, Jr., Hayden & Milliken, P.A., Miami, FL, for Appellant.

Arthur Joel Levine, Law Office of Arthur Joel Levine, Miami, FL, for Appellees.

Before HULL, MARCUS and HILL, Circuit Judges.

MARCUS, Circuit Judge:

Appellant, Betty K Agencies, LTD. ("Betty K"), challenges the district court's sua sponte order dismissing with prejudice its maritime claims against Appellees Tidal Wave Limited ("Tidal Wave") and M/V MONADA ("MONADA"). Because the district court dismissed the case with prejudice as a sanction for failure to answer a counterclaim and perfect service of process, without finding that Betty K acted with willful or contumacious...

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