Summary
considering in rem action in which "[d]efendant filed a counterclaim alleging damages negligently caused to the vessel"
Summary of this case from United States v. $4,480,466.16 in FundsOpinion
No. 73-2844. Summary Calendar.
Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, et at., 5 Cir., 1970, 431 F.2d 409, Part I.
December 17, 1973.
Daniel N. Heller, Miami, Fla., for defendant-appellant.
G. E. Hartwig, Ft. Lauderdale, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before WISDOM, AINSWORTH and CLARK, Circuit Judges.
This is rem action was brought by plaintiff, Ellis Diesel Sales Service, Inc., seeking to enforce a claim for labor and materials, and for attorney fees, against the M/V "ON STRIKE." Defendant filed a counterclaim alleging damages negligently caused to the vessel. The District Court, sitting without a jury, tried the case and entered a final judgment in favor of plaintiff, including an award of attorney fees, and allowed defendant a setoff on its counterclaim. Defendant appeals.
The record discloses that the district judge failed to enter findings of fact and conclusions of law as required by Fed.R.Civ.P. 52(a). We therefore vacate the judgment of the District Court and remand the case for appropriate findings and conclusions. Anderson v. United States, 5 Cir., 1969, 413 F.2d 1045; Mladinich v. United States, 5 Cir., 1967, 371 F.2d 940; Oil Gas Income, Inc. v. Woods Exploration Producing Co., 5 Cir., 1966, 362 F.2d 309; Employers' Liability Assur. Corp. v. Weeden, 5 Cir., 1960, 274 F.2d 809; Victory Towing Co., Inc. v. Bordelon, 5 Cir., 1955, 219 F.2d 540.
Vacated and remanded.