## Facts

- James Goodman operated Captain J’s Marina on the Arkansas River, a navigable waterway.
- Frank Booth moored his 1973 26-foot Trojan vessel at the marina under an oral dockage arrangement; the dock space included an electrical meter.
- Booth was frequently late on payments; Goodman imposed $10 monthly late fees and increased rent in February 1981.
- To pressure payment, Goodman chained and locked the vessel to the dock for about two weeks; Booth eventually stopped paying.
- In November 1985, the vessel sank at the dock during a heavy rainstorm; Booth told Goodman he would not put more money into it.
- After about three months with no action by Booth, Goodman hired divers to raise the vessel and stored it in dry storage at the marina.
- Goodman sued in admiralty in rem against the vessel and in personam against Booth, claiming a maritime lien for unpaid wharfage/necessaries and seeking sums for raising the vessel and related damage.
- The district court found a maritime lien, awarded Goodman $2,178 unpaid rent and $3,000 raising costs, awarded attorney’s fees, and ordered foreclosure and sale of the vessel; Booth appealed.

## Issues

1. Whether admiralty subject-matter jurisdiction existed over the wharfage claim, including whether the vessel was a “dead ship.”
2. Whether dockage and related marina services constituted “necessaries” supporting a maritime lien under 46 U.S.C. app. § 971.
3. Whether the district court had in rem jurisdiction to foreclose on the vessel when the vessel was never arrested under Supplemental Rule C.
4. Whether the court could enter and sustain an in personam judgment against Booth for unpaid wharfage and raising costs despite any in rem defect.
5. Whether attorney’s fees were recoverable absent a statutory/contractual basis or a finding of bad faith.

## Decision

- The court held admiralty jurisdiction existed; wharfage is a maritime claim and the vessel was not a “dead ship” for jurisdictional purposes.
- The court upheld that Goodman had a maritime lien for providing dockage and related “necessaries.”
- The court reversed the in rem foreclosure order because the vessel was never arrested, defeating in rem jurisdiction.
- The court affirmed in personam jurisdiction over Booth and affirmed the $5,178 monetary award ($2,178 unpaid rent plus $3,000 raising costs).
- The court reversed the attorney’s fees award because no bad-faith finding or other recognized basis supported fees.
- Disposition: affirmed in part and reversed in part.

## Legal Principles

- Wharfage and moorage services provided to a vessel on navigable waters arise from a maritime contract and fall within federal admiralty jurisdiction.
- A provider of “necessaries,” including dockage and related marina services, may obtain a maritime lien under 46 U.S.C. app. § 971 (as then codified).
- In rem jurisdiction to enforce a maritime lien against a vessel requires arrest of the res under Supplemental Rule C; without arrest, foreclosure and sale are unauthorized.
- A failure of in rem procedure does not preclude an in personam judgment against the vessel owner for the same underlying maritime obligations.
- Under the American Rule in admiralty, attorney’s fees are not recoverable absent statute, contract, or an equitable exception such as bad-faith litigation conduct.

## Conclusion

The Eighth Circuit held that marina wharfage claims support admiralty jurisdiction and a maritime lien for necessaries, but reversed foreclosure because the vessel was never arrested; it affirmed the personal money judgment against the owner and reversed attorney’s fees for lack of a bad-faith finding or other basis.


Goodman v. 1973 26 Foot Trojan Vessel, Ark. Reg. No. AR1439SN, 859 F.2d 71 (8th Cir. 1988)