U.S. Sup. Ct.
11-626
Petitioner Lozmans floating home was a house-like plywood structure with empty bilge space underneath the main floor to keep it afloat. He had it towed several times before deciding on a marina owned by the city of Riviera Beach (City). After various disputes with Lozman and unsuccessful efforts to evict him from the marina, the City brought a federal admiralty lawsuit in rem against the floating home, seeking a lien for dockage fees and damages for trespass. Lozman moved to dismiss the suit for lack of admiralty jurisdiction. The District Court found the floating home to be a vessel under the Rules of Construction Act, which defines a vessel as including every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, 1 U. S. C. §3, concluded that admiralty jurisdiction was proper, and awarded the City dockage fees and nominal damages. The Eleventh Circuit affirmed, agreeing that the home was a vessel since it was capable of movement over water despite petitioners subjective intent to remain moored indefinitely.
