Marine Link
Wednesday, September 28, 2016

Concurrence in Dismissal Dooms Appeal

November 11, 2005

The U.S. Court of Appeals for the First Circuit ruled that a party who concurs in the trial court’s dismissal of an action may not appeal that dismissal. In the instant case, plaintiff yacht owners brought suit against the carrier after the yachts were damaged during a voyage. The trial court directed that the matter be arbitrated in accordance with the contract of carriage. The trial court also denied plaintiffs’ motion to allow an interlocutory appeal. After an extended period, plaintiffs moved for dismissal of the action in favor of defendants. The motion for dismissal was made “in the interest of finality” and included no indication that plaintiffs intended to appeal. After the trial court granted the motion, plaintiffs filed an appeal. The appellate court held that an order granting an unqualified motion for dismissal by plaintiffs is not subject to appeal. Source: HK Law


Maritime Reporter Magazine Cover Sep 2016 - Maritime & Ship Security

Maritime Reporter and Engineering News’ first edition was published in New York City in 1883 and became our flagship publication in 1939. It is the world’s largest audited circulation magazine serving the global maritime industry, delivering more insightful editorial and news to more industry decision makers than any other source.

Subscribe
Maritime Reporter E-News subscription

Maritime Reporter E-News is the subsea industry's largest circulation and most authoritative ENews Service, delivered to your Email three times per week

Subscribe for Maritime Reporter E-News