MERCKLE

v.

HARPER

Citator

Cited By (66 total)

• Rojas v. Kloster Cruise, 550 So. 2d 59 (Fla. 3d DCA 1989)
  …perations.’ ”); see Fisher v. Agios Nicolaos V, 628 F. 2d 308 (5th Cir.1980) (“vessel’s entire service under its present ownership, and its entire revenues therefore to be earned, arose from a base of operations in the United States”), cert, denied, 454 U.S. 816, 102 S.Ct. 92, 70 L.Ed.2d 84 (1981); see also Bailey v. Dolphin Intern’l, Inc., 697 F. 2d 1268, 1275 n. 22 (5th Cir.1983) (American law not applied even if all other factors so indicated because day-to-day operational decisions were made in Singapor…
• Mitchel Kalmanson v. Lockett, 848 So. 2d 374 (Fla. 5th DCA 2003)
  …n an extremely broad fashion. As noted, a judge will be deprived of judicial immunity only if the judge acted in the clear absence of all jurisdiction over the subject matter. Stump; see also Harper v. Merckle, 638 F. 2d 848 (5th Cir.) cert. denied, 454 U.S. 816, 102 S.Ct. 93, 70 L.Ed.2d 85 (1981); Farish v. Smoot, 58 So. 2d 534 (Fla.1952). Moreover, as will become clear in the following analysis, the question is really whether the court, as opposed to an individual judge, has jurisdiction over the subject…
• Jackson v. Marine Terminals, Inc., 422 So. 2d 882 (Fla. 3d DCA 1982)
  …plaintiff. 33 U.S.C. §§ 905(b), 933(i); Guidry v. Continental Oil Company, 640 F. 2d 523 (5th Cir.), cert. denied, 454 U.S. 818, 102 S.Ct. 96, 70 L.Ed.2d 87 (1981); Mallard v. Aluminum Company of Canada Ltd., 634 F. 2d 236 (5th Cir.), cert. denied, 454 U.S. 816, 102 S.Ct. 93, 70 L.Ed.2d 85 (1981). However, Jackson’s complaint against MTI invoked Florida common law and thus the Smith immunity. The rationale of the Smith decision evolved from policies which remain unaffected by the particular statutory sour…