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Heidmar, Inc. v. Anomina Ravennate Di Armamento Sp.A of Ravenna

132 F.3d 264 (1998)

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Heidmar, Inc. v. Anomina Ravennate Di Armamento Sp.A of Ravenna

United States Court of Appeals for the Fifth Circuit
132 F.3d 264 (1998)

AR

Facts

Heidmar, Inc. (plaintiff) filed suit in rem against the Pegasus Erre, a vessel owned by Anomina Ravennate Di Armamento Sp.A of Ravennate (Ravennate) (defendant), and in personam against Ravennate. Heidmar asked for the Pegasus Erre to be attached under Federal Rule of Civil Procedure Rule B(1), which stated, “With respect to any admiralty or maritime claim in personam a verified complaint may contain a prayer for process to attach the defendant’s goods and chattels . . . if the defendant cannot be found within the district.” Ravennate did not have an agent within the district for service of process until 15 minutes after the complaint was filed. The court found that Ravennate could not be found within the district and ordered the Pegasus Erre to be attached and arrested. Two days later, when the Pegasus Erre arrived in port, the vessel was arrested. Ravennate moved to vacate the attachment, arguing that it was in the district at the time the Pegasus Erre was seized, so it could not be subject to the attachment rule regarding defendants that could not be found within the district. The court agreed and vacated the attachment. Heidmar appealed, arguing that Ravennate was subject to the rule because it was not in the district when the complaint was filed but was in the district only when the vessel was seized.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

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