COASTAL BANK AND TRUST OF FLORIDA v. M/V GLORY et al

Filing 7

ORDER APPOINTING SUBSTITUTE CUSTODIAN re: Plaintiff's 5 Amended Motion for the Appointment of Substitute Custodian. The Court finds that Captain's Choice Boats, Inc., is duly qualified to serve as the Substitute Custodi an of the M/V GLORY, her engines, tackle, apparel and appurtenances, etc. ("Vessel"). Captain's Choice Boats, Inc. is appointed the Substitute Custodian of the Defendant Vessel and shall retain the Defendant Vessel in custody for posse ssion and safekeeping until further order of this Court. All Marshal's costs, if any, shall be paid prior to the release of said property and the Substitute Custodian's receipt for the property from the Marshal shall attest to the date and time of release on a certified copy thereof. Signed by District Judge M CASEY RODGERS on 8/28/2009. (djb)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION IN ADMIRALTY

COASTAL BANK AND TRUST OF FLORIDA, successor by merger with VANGUARD BANK AND TRUST COMPANY, Plaintiff, vs. M/V GLORY, its engines, tackle, apparel, etc., in rem, and JOE M. TAYLOR, in personam Defendants. __________________________________/ ORDER APPOINTING SUBSTITUTE CUSTODIAN THIS CAUSE came before the Court upon the Plaintiff's Amended Motion for the Appointment of Substitute Custodian (DE #5). The Court, having considered Plaintiff's motion, the affidavit in support, the record herein, and being otherwise advised in the premises, it is hereby ORDERED as follows: 1. The Court finds that (a) Captain's Choice Boats, Inc., is duly qualified CASE NO. 3:09cv351/MCR/MD

to serve as the Substitute Custodian of the M/V GLORY, her engines, tackle, apparel and appurtenances, etc. ("Vessel"); (b) Captain's Choice Boats, Inc., has agreed to assume the responsibility of safekeeping the Vessel; and (c) Captain's Choice Boats, Inc. has agreed to act as Substitute Custodian until further order of the Court. 2. The United States Marshal for the Northern District of Florida is

authorized and directed to surrender the possession of M/V GLORY to the Substitute Custodian named herein, Captain's Choice Boats, Inc., and that upon such surrender, the Marshal shall be discharged from the duties and responsibilities

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for the safekeeping of said Vessel and held harmless by any party for any and all claims arising whatsoever out of said substitute possession and safekeeping. 3. Captain's Choice Boats, Inc. is appointed the Substitute Custodian

of the Defendant Vessel and shall retain the Defendant Vessel in custody for possession and safekeeping until further order of this Court. All Marshal's costs, if any, shall be paid prior to the release of said property and the Substitute Custodian's receipt for the property from the Marshal shall attest to the date and time of release on a certified copy thereof. ORDERED this 28th day of August, 2009.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

Copies to Counsel of Record and Substitute Custodian Captain's Choice Boats, Inc. Mitchell D. Kaplan, President 67 Eglin Street Fort Walton Beach, FL 32547 [e-mail]