CLAY COUNTY—A ship-repair company is filing suit against the cruise ship Americana for allegations of unpaid services and seeks foreclosure of the vessel.
McKinney Marine Inc. filed a federal lawsuit on Jan. 14 in the U.S. District Court for the Southern District of Florida against Absolute Nevada LLC, in personam, and the 1988 cruise ship Americana, citing breach of contract and maritime lien for alleged unpaid services to the plaintiff.
According to the claim, in November 2014, McKinney Marine contracted to perform ship repair services for the defendant in Green Cover Springs for a flat rate of $65 per hour. Upon signing the contract, the parties allegedly agreed the invoices would be paid within 30 days and would begin accruing interest after the 30-day period. The plaintiff claims that Absolute Nevada had been paying the invoices, but then stopped without notice or cause.
The plaintiff alleges that on Nov. 16, 2015, McKinney Marine recorded its maritime lien for unpaid services against the defendant with the Coast Guard's National Vessel Documentation Center. On Dec. 9, 2015, the plaintiff removed all personnel from the vessel due to alleged nonpayment. At the time of initial filing, the plaintiff avers that the vessel could not be found in the district. Pursuant to the Maritime Commercial Instruments and Liens Act (MCILA), McKinney claims the right to foreclosure of the Americana by way of an arrest and seizure.
McKinney Marine seeks a foreclosure of the maritime lien, damages in excess of $155,565, pre- and post-judgment interest and costs, expenses of custody, and litigation fees. The plaintiff is represented by Lindsey C. Brock III and Michael W. McLeod of Rumrell, McLeod & Brock.
Southern District of Florida Case number 2:16-cv-14011-KAM