Broward Shipyard, Inc. v. M/Y Life Is Good et al

Filing 44

AMENDED ORDER granting 42 Motion for Order of Sale. Signed by Judge James I. Cohn on 8/10/2011. (awe)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 11-60696-CIV-COHN/SELTZER
IN ADMIRALTY
BROWARD SHIPYARD, INC.,
Plaintiff,
v.
M/Y “LIFE IS GOOD”, O.N. 920 932,
her engines, tackle, and appurtenances,
in rem, and KEVIN B. BRYANT,
in personam,
Defendants.
_________________________________/
AMENDED ORDER CONFIRMING THE SALE OF
M/Y LIFE IS GOOD, FREE AND CLEAR OF ALL LIENS, AND
DIRECTING U.S. MARSHAL TO RELEASE VESSEL
THIS CAUSE is before the Court upon Plaintiff Broward Shipyard, Inc.’s Motion
for Order Confirming the Sale of M/Y LIFE IS GOOD [DE 42] (“Motion”). The Court has
considered the Motion, the Clerk’s Confirmation of Sale [DE 40], and the record in this
case, and is otherwise advised in the premises. The Court further notes that there have
been no objections to the sale of the vessel conducted by the U.S. Marshal on July 27,
2011. Therefore, in accordance with the Local Admiralty Rules, it is hereby
ORDERED AND ADJUDGED as follows:
1.

Plaintiff’s Motion for Order Confirming the Sale of M/Y LIFE IS GOOD [DE 42] is
GRANTED;

2.

The U.S. Marshal’s sale of Defendant Vessel M/Y LIFE IS GOOD, her engines,
tackle and appurtenances, conducted on July 27, 2011, is hereby confirmed;

3.

The U.S. Marshal is hereby authorized and directed to execute the necessary Bill
of Sale and any other documents which may be required to transfer title of
Defendant Vessel to Broward Shipyard, Inc., a corporation;

4.

The U.S. Marshal shall forthwith release Defendant Vessel from the pending in
rem arrest, provided all of the U.S. Marshal’s fees and costs have been satisfied;

5.

The Substitute Custodian, Broward Shipyard, Inc., is hereby relieved of any
further responsibility as Substitute Custodian of this Court or to the U.S. Marshal;

6.

The U.S. Marshal of the Southern District of Florida is hereby directed to remit to
Plaintiff any and all funds remaining after deduction of any and all U.S. Marshal’s
fees, costs, clerk costs and fees, as they relate to the cost deposit posted by
Plaintiff, payable to Plaintiff’s counsel, Houck Anderson P.A.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County,

Florida, on this 10th day of August, 2011.

Copies provided to:
Counsel of record via CM/ECF
Kevin B. Bryant
2288 Edwards Road
Palm Beach Gardens, FL 33410
M/Y LIFE IS GOOD through
its Substitute Custodian
Broward Shipyard
750 NE 7th Avenue
Dania, FL 33004

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