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Blum v. Merrill Stevens Dry Dock Co.

Citation: 409 So. 2d 192Docket: 80-2208

Court: District Court of Appeal of Florida; February 1, 1982; Florida; State Appellate Court

Narrative Opinion Summary

The District Court of Appeal of Florida affirmed the trial court's decision regarding the case of Marvin Blum, representing the Insurance Company of North America, against Merrill Stevens Dry Dock Company. The court ruled that there was no contract of bailment at the time the vessel went missing, as there had been no completed delivery of possession, custody, or control of the vessel. The decision referenced precedents including Florida Small Business Corporation v. Miami Shipyards Corporation and Stegemann v. Miami Beach Boat Slips, Inc., which supported the finding.

Legal Issues Addressed

Contract of Bailment Requirements

Application: The court determined that a contract of bailment was not established because there was no delivery of possession, custody, or control of the vessel.

Reasoning: The court ruled that there was no contract of bailment at the time the vessel went missing, as there had been no completed delivery of possession, custody, or control of the vessel.

Precedent in Bailment Cases

Application: The decision was supported by precedents, emphasizing the necessity of delivery of possession for a bailment contract, referencing similar cases.

Reasoning: The decision referenced precedents including Florida Small Business Corporation v. Miami Shipyards Corporation and Stegemann v. Miami Beach Boat Slips, Inc., which supported the finding.