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Central State Transit & Leasing Corporation v. Jones Boat Yard, Incorporated, Jones Drydock Service, Incorporated, Defendants-Cross-Claimants-Cross- Conrad Industries, Incorporated, Defendant-Cross-Defendant-Cross-Claimant-Appellee
Citation: 77 F.3d 376Docket: 94-4574
Court: Court of Appeals for the Eleventh Circuit; March 7, 1996; Federal Appellate Court
Central State Transit Leasing Corporation (plaintiff-appellant) filed a lawsuit for damages to its yacht, the Blackhawk, caused while being lifted on a floating drydock owned by Jones Boat Yard, Inc. and operated by Jones Drydock Service, Inc., with Conrad Industries, Inc. as the manufacturer. Initially seeking repair costs, the plaintiff later included a claim for loss of use. The district court granted the defendants' motion for partial summary judgment on the loss of use claim, reasoning that the plaintiff had not demonstrated lost profits or additional expenses during repairs and concluded that damages could not be determined with certainty. The plaintiff's attempt to amend this decision was denied, prompting the appeal. The defendants moved to dismiss the appeal, asserting that the partial summary judgment was not appealable as it did not resolve the main liability issue. The appellate court clarified that under 28 U.S.C. § 1292(a)(3), interlocutory decrees in admiralty cases are appealable only if they determine the rights and liabilities of the parties. The court found that the district court's order did not address liability for damages but only removed the claim for loss of use. Citing precedents, the appellate court concluded that the plaintiff could only seek review of the partial summary judgment after a final judgment was entered. Consequently, the appeal was dismissed.