Michael Kosterlitz v. The S/V Knotta Klu, et al., No. 19-11888 (11th Cir. 2021)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 17, 2020.
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USCA11 Case: 20-14462 Date Filed: 05/25/2021 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-14462 Non-Argument Calendar ________________________ D.C. Docket No. 2:18-cv-00482-PAM-MRM MICHAEL KOSTERLITZ, Plaintiff - Counter Defendant - Appellant, versus THE S/V KNOTTA KLU, her engines, tackle, apparel, equipment and appurtenances, in rem, Defendant - Appellee, ROBERT E. LIBBEY, JR., Defendant- Counter Claimant - Appellee. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (May 25, 2021) USCA11 Case: 20-14462 Date Filed: 05/25/2021 Page: 2 of 2 Before WILSON, ROSENBAUM, and NEWSOM, Circuit Judges. PER CURIAM: This case arose as a civil maritime dispute about who rightfully owned a 40foot catamaran, the S/V Knotta Klu. The district court held that Robert Libbey possessed title to the vessel, and we affirmed, finding that “none of the 13 issues presented by [Michael] Kosterlitz have merit.” Kosterlitz v. S/V Knotta Klu, 809 F. App’x 735, 736 (11th Cir. 2020). Kosterlitz now appeals the district court’s order granting Libbey appellate attorney’s fees of $51,609.00 under Florida’s civil-theft statute, Fla. Stat. § 772.11, which authorizes “reasonable attorney’s fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim that was without substantial fact or legal support.” We review the district court’s ruling for clear error. See Almeida v. Amazon.com, Inc., 456 F.3d 1316, 1328 (11th Cir. 2006). After careful review, we find none. AFFIRMED. 2
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