The State of Florida, by and through Richard W. Ervin, as Attorney General of the State of Florida, et al. v. The Massachusetts Company, a Corporation

95 So. 2d 902 (1956)

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The State of Florida, by and through Richard W. Ervin, as Attorney General of the State of Florida, et al. v. The Massachusetts Company, a Corporation

Florida Supreme Court
95 So. 2d 902 (1956)

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Facts

The United States battleship the Massachusetts was sunk off the coast of Florida in the Gulf of Mexico in 1922 after being used for target practice. Over the years, it became a popular fishing site due to marine life making homes in and around the shipwreck. In 1956, the Massachusetts Company (TMC) (defendant) secured a navigational permit from the United States Corps of Engineers to recover artifacts from the ship and started the salvaging process by marking the shipwreck’s location in the water with buoys and lines. The State of Florida, by and through Richard W. Ervin as attorney general (Florida) (plaintiff) filed for a temporary injunction and declaration that the Massachusetts belonged to Florida. The court declared that the shipwreck had been abandoned by the United States and that Florida had failed to establish a right of ownership sufficient to overrule TMC’s ownership under the law of abandoned personal property, ruling for TMC. Florida appealed, arguing that the state had adopted English common law holding that abandoned or derelict goods in the sea were the property of the government unless an owner claimed them within a year and a day and that this law applied to determine ownership of the Massachusetts.

Rule of Law

Issue

Holding and Reasoning (Roberts, J.)

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