JAMES O'NEILL, APPELLANT,
v.
JAMES T. SCHOENBROD, THE YACHT ANDIANO AND THE UNITED STATES FIRE INSURANCE COMPANY, APPELLEES
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PER CURIAM.
Plaintiff, James O’Neill, appeals an order dismissing his complaint for salvage for lack of jurisdiction over the subject matter on the ground that a salvage action is within the exclusive jurisdiction of the federal district court sitting in admiralty.
O’Neill contends that since the instant action has been brought in personam (as opposed to in rem), the circuit court for Dade County has concurrent jurisdiction with the federal district court under the “savings to suitors” clause contained in 28 U.S.C. § 1333.
Salvage being a matter peculiarly within the jurisdiction of the admiralty courts because, inter alia, of the peculiar system awarding the compensation, we hold that the trial court correctly dismissed the instant salvage action. See 68 Am.Jur.2d Salvage § 40 (1973).
Affirmed.
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O'Neill v. Schoenbrod, 374 So. 2d 70 (Fla. 3d DCA 1979)…ly been filed as a salvage action and was dismissed by the trial court on the ground that a salvage claim is within the exclusive jurisdiction of the federal district court sitting in admiralty. On appeal, this court affirmed. O’Neill v. Schoenbrod, 355 So. 2d 440 (Fla. 3d DCA 1978). We adhere to our prior decision and again affirm the dismissal of the plaintiff’s complaint as, in our view, it is nothing more than a disguised salvage claim over which we have declined to exercise jurisdiction. Indeed, a compa…
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Schoenbrod v. O'Neill, 375 So. 2d 42 (Fla. 3d DCA 1979)…SCHWARTZ, Judge (specially concurring). In O’Neill v. Schoenbrod, 355 So. 2d 440 (Fla. 3d DCA 1978), cert, denied, 359 So. 2d 1218 (Fla.1978), this court affirmed the dismissal, for lack of jurisdiction over the subject matter, of a complaint filed by the present defendant-appellee, O’Neill, against the present plaintiff-appella…
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In re Forfeiture OF ONE 1975 35' Cigarette Boat v. Town OF Golden Beach, 498 So. 2d 960 (Fla. 3d DCA 1986)…ion to enforce maritime liens. See G. Gilmore & C. Black, supra, at § 9-27; 2 C.J.S. Admiralty § 52 (1972); Higgins v. Eva, 204 Cal. 231, 267 P. 1081 (1928); McMorran v. The Millinokett, 191 Mich. 151, 157 N.W. 421 (1916); cf. O'Neill v. Schoenbrod, 355 So. 2d 440 (Fla. 3d DCA), dismissed, 359 So. 2d 1218 (Fla.1978) (court declined to exercise jurisdiction over a salvage action because salvage is within the admiralty jurisdiction). Since Florida courts do not have jurisdiction to adjudicate a claim involving…
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