Goodman v.

Facts

D rented dock space equipped with an electrical meter to moor his boat. The parties had no written agreement. D's rental payments were often tardy so P began charging D late fees of $10 per month. In February 1981, P increased the rent. In an attempt to force D to become current with his payments, P chained and locked the boat to his dock for approximately two weeks. D stopped making payments altogether. In November 1985, the boat sank during a heavy rainstorm. When P phoned D to tell him that his boat had sunk, D replied that he was not going to put any more money into it. Three months later, P hired divers to have the boat raised. Since that time the boat has been in dry storage at the marina. P filed this action in rem against the boat and in personam against D. P sought $3,000 for raising the boat and $1,200 for the damage that the boat had caused to his docking facilities when it sank. D filed a counterclaim alleging that P had wrongfully deprived him of the use of his vessel and had not properly cared for it. The district court awarded P $2,178 for rent and $3,000 for raising the boat. The court issued a decree of foreclosure on the boat and held that D would be personally liable for any deficiency. The court dismissed D's counterclaim with prejudice. The court granted P's motion for attorney's fees in the amount of $3,337. D filed a supersedeas bond to stay the execution of the judgment and appealed to this court. D argues that admiralty jurisdiction is limited to the commercial shipping industry, whereas his boat is a pleasure boat. D claims that his boat is a 'dead ship' because P chained and locked it to the dock in early 1981, its Arkansas registration expired in 1982, and it was stored on land after being raised. P responds that the court had subject matter jurisdiction because the case arose out of a maritime contract.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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