Summary
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-appellant.
Summary of this case from Schoenbrod v. O'NeillOpinion
No. 77-1922.
February 7, 1978. Rehearing Denied March 17, 1978.
Appeal from the Circuit Court, Dade County, Stuart M. Simons, J.
Dolan, Denman Gramling and Christopher R. Fertig, Fort Lauderdale, for appellant.
Smathers Thompson and John W. Keller, III, James T. Schoenbrod, Miami, for appellees.
Before HAVERFIELD, C.J., and PEARSON and HENDRY, JJ.
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.