South Florida Marina Sues for $61K in Unpaid Dockage Fees, Seeks Arrest of Motor Yacht
Case Summary: Harbour Towne SMI OPCO, LLC v. M/Y Lady Cher L C’s (In Rem)
Case No.: 0:25-cv-60672
Filed: April 7, 2025
Jurisdiction: U.S. District Court, Southern District of Florida (in admiralty)
Plaintiff: Harbour Towne SMI OPCO, LLC (Operator of Harbour Towne Marina, Dania Beach, FL)
Defendant: In Rem — M/Y Lady Cher L C’s, a 55’ Ocean Odyssey motor yacht, Hull ID #XYU02057F405
Owner (Non-party): James Muskal, Illinois resident
Harbour Towne Marina Files Maritime Lien Against 55’ Ocean Odyssey Yacht “Lady Cher L C’s” for Unpaid Slip Charges
- The marina provided dockage and related services for the yacht since 2015 under a dockage contract.
- As of May 2024, the owner ceased paying invoices.
- Plaintiff alleges outstanding charges total $61,059.06 and continue to accrue.
- Despite demand, payment was not received, prompting a Rule C in rem action.
- Plaintiff seeks arrest, sale of the vessel, and recovery of damages, attorneys’ fees, and interest.
Dockage Disputes and Maritime Lien Enforcement
Count I – Maritime Lien for Necessaries
- Under 46 U.S.C. § 31301(4) and § 31342, dockage qualifies as a “necessary” that can give rise to a maritime lien.
- Plaintiff claims entitlement to foreclose the lien in rem against the vessel itself, regardless of who holds title.
Legal Procedures Invoked:
- Action brought under Admiralty Rule 9(h) and Supplemental Rule C, allowing for:
- Arrest of the vessel by U.S. Marshals,
- Judicial sale to satisfy the debt,
- Citation of the vessel owner to appear and answer under oath.
Relief Requested:
- Issuance of an arrest warrant for Lady Cher L C’s,
- Award of at least $61,059.06, plus legal costs and interest,
- Judicial condemnation and sale of the yacht.
Industry Implications: What Yacht Owners & Marinas Need to Know
Dockage Debt is Enforceable Under Admiralty Law
- Marinas that extend credit for dockage and related services enjoy automatic maritime lien rights.
- These liens are non-possessory, meaning the marina need not hold the vessel to pursue enforcement.
Legal Trends:
- South Florida, home to thousands of pleasure craft, has seen a steady rise in dockage lien filings, particularly post-pandemic amid ownership changes and financial pressures.
- Courts regularly approve Rule C arrest actions when invoices go unpaid, even for long-standing customers.
Tips for Marina Operators & Vessel Owners
For Marinas:
- Always maintain written dockage agreements.
- Regularly update lien filings for overdue balances.
- Consult counsel promptly to preserve lien priority and initiate in rem actions when necessary.
For Vessel Owners:
- Be aware that nonpayment can result in your vessel being arrested and sold at judicial auction—even if you’re out of state.
- To protect your asset, resolve marina debts before they reach federal court.
Call Today
If you are a marina operator with outstanding receivables, or a vessel owner facing lien threats, consult a maritime attorney to understand your legal options.
Timely action can make the difference between asset recovery and asset loss.
