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Sea Tow/Sea Spill of Savannah v. Phillips

The saving to suitors clause as set forth in 28 USC § 1333 allows litigants to bring in personam maritime salvage actions in state courts.

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Sea Tow/Sea Spill of Savannah “Sea Tow” filed suit in state court against Robert L. Phillips seeking recovery for services rendered in connection with the salvage of Phillips’ boat. In his answer, Phillips raised as an affirmative defense the court’s lack of jurisdiction. After limited discovery, Phillips filed a motion to dismiss on January 25, 2000, arguing that the state court lacked subject matter jurisdiction because the marine salvage action was subject to federal maritime law and within the exclusive jurisdiction of the federal court sitting in admiralty. Thirteen days later, the court granted Phillips’ motion. After Sea Tow’s subsequent motion to set aside was denied, it appealed to this Court. We reversed the denial of the motion to set aside, because the trial court had failed to provide counsel with notice of the order of dismissal, effectively depriving Sea Tow of the opportunity to seek reconsideration or appeal of the adverse decision. Sea Tow/Sea Spill of Savannah v. Phillips, 247 Ga. App. 613, 614-615 2 545 SE2d 34 2001. We directed the state court to set aside and reenter its order. Id. Accordingly, the court reentered the order of dismissal on February 1, 2001. The present appeal followed. We now reverse the dismissal.

1. First, Sea Tow contends that the state court erred in granting Phillips’ motion to dismiss, because it did not provide Sea Tow adequate time to respond to the motion. Sea Tow argues that because the court considered matters outside the pleadings, the motion to dismiss was, in fact, a motion for summary judgment; therefore, Sea Tow should have been provided thirty days to respond pursuant to OCGA § 9-11-56 c. We disagree.

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