DiGiovanni

DiGiovanni v. Kjessler

Good Law
101 F.3d 76·1996 WL 668503
United States Court of Appeals for the Ninth CircuitNovember 20, 1996No. 95-35910California1,187 words

Opinion

Lead Opinion

We must decide whether publication of notice of arrest of a vessel satisfies admiralty court rules and the Due Process Clause of the Fifth Amendment.

I

Fishing Vessel Owners & Marine Ways, Inc. (“FVO”) appeals from the district court’s order denying its motion to set aside the default judgment in this admiralty case. The DiGiovanni Family Trust (“DiGiovanni”) ob *78 tained the default judgment against the vessel M/V ROYAL PRINCESS and ah persons with potential claims of maritime liens. Pri- or to entry of the default judgment, notice of . the action against the vessel was published in the Seattle Daily Journal of Commerce pursuant to Local Admiralty Rule 150. The notice identified the vessel as the ROYAL PRINCESS, gave the vessel’s official number, and the name of the vessel’s owner, Peter McMahon.' FVO failed to file a timely claim against the vessel.

Nearly three months after entry of the default order, FVO intervened in the action against the vessel and moved to set aside the default order. FVO alleged that it obtained a maritime lien against the vessel—then named GILT TRIP—in 1993. Apparently unbeknownst to FVO, the vessel’s name was changed from GILT TRIP back to ROYAL…

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