Florida Marina Sues Vessel Owner in Federal Court for Unpaid Boat Storage Fees and Maritime Lien Enforcement

Rickenbacker Marina, Inc., an active Florida corporation operating in Miami-Dade County, has filed an admiralty and maritime lawsuit in the United States District Court for the Southern District of Florida. The verified complaint, filed under Case No. 1:26-cv-27314-JB on October 16, 2026, names an unnamed 2017 27-foot Monterey motor vessel bearing hull identification number RGFSA353B505 in rem and its owner, Florida resident Andres Pulgar, in personam. The legal action seeks to enforce a federal maritime lien against the private vessel and recover damages for breach of a maritime storage contract following months of alleged nonpayment.

Miami Boat Storage Dispute Leads to Maritime Contract Breach Allegations Against Monterey Vessel Owner

According to the allegations set forth in the federal complaint, the dispute originated from a maritime contract executed on December 10, 2021. On that date, Andres Pulgar entered into a formal Storage and Service Agreement with Rickenbacker Marina to store his 27-foot Monterey motor vessel at the facility in Miami-Dade County. Under the initial terms of the agreement, the monthly storage rate was established at $972.00, payable in advance on the first day of each calendar month.

In accordance with the rate adjustment provisions outlined in Paragraph 14 of the agreement, Rickenbacker Marina adjusted the monthly storage fee to $1,080.00 effective November 1, 2023. The marina asserts that it continuously fulfilled its contractual obligations by providing safe and designated storage space for the private vessel. However, the complaint alleges that beginning in May 2026, Pulgar ceased making the required monthly dockage payments. Despite the cessation of payments, the vessel has remained docked and stored at the Miami marina facility, continuing to occupy valuable slip space and accrue charges under the terms of the governing contract.

Escalating Daily Dockage Rates and Late Payment Penalties Under the Marina Storage Agreement

The lawsuit details specific contractual provisions designed to address prolonged payment defaults and unauthorized holdover storage. Under Paragraph 16 of the Storage and Service Agreement, any monthly dockage bill that remains unpaid ten days after the first of the month is subject to an administrative billing charge of $10.00 per month. In addition to the administrative fee, delinquent balances accrue interest at a rate of 1.5 percent per month, which equates to an annual interest rate of 18 percent, until the outstanding balance is satisfied in full. The agreement explicitly stipulates that dockage charges continue to accrue regardless of whether the vessel physically occupies the slip until the contract is formally terminated.

Furthermore, Paragraph 29 of the agreement establishes a stricter financial penalty for extended defaults. When a vessel has unpaid dockage for three consecutive months, the standard monthly rate is superseded starting in the fourth month by a standard daily rate applicable to the size of the boat. For a 27-foot vessel at Rickenbacker Marina, that applicable daily rate is $50.00 per day. Following the alleged default in May 2026, these escalating fee structures, late charges, and daily storage conversions caused the outstanding balance to grow substantially. As of the filing date of the verified complaint, the marina alleges that the unpaid storage fees and contractual penalties total $12,535.00, a figure that continues to increase each month the vessel remains on the premises.

Rickenbacker Marina Seeks Vessel Arrest and Judicial Sale Under the Federal Maritime Lien Act

Count I of the complaint is an in rem action aimed directly at the 27-foot Monterey motor vessel, including her engines, tackle, equipment, rigging, furniture, and appurtenances. Rickenbacker Marina brings this claim pursuant to 46 U.S.C. Section 31342 and Supplemental Admiralty Rule C. Under general maritime law and federal statute, a facility that furnishes necessaries to a vessel at the direction of the owner or an authorized agent automatically acquires a federal maritime lien against the vessel itself.

The complaint asserts that vessel storage and dockage constitute essential necessaries within the statutory meaning of 46 U.S.C. Section 31342. Because Rickenbacker Marina is a United States provider of necessaries and supplied storage space at the explicit direction of Pulgar, the marina maintains that it holds a valid and enforceable maritime lien over the Monterey motor vessel. The plaintiff notes that the $12,535.00 in accumulated charges represents a reasonable valuation for storing a 27-foot vessel in the Miami-Dade County marine market. Because formal demands for payment have allegedly been ignored or refused, the marina is petitioning the federal court to issue process against the vessel, enter a judgment for the full debt plus pre-judgment and post-judgment interest, and order the vessel condemned and sold at a judicial auction to satisfy the maritime lien.

Lawsuit Demands Recovery of Unpaid Dockage Fees and Contractual Attorney Costs From Vessel Owner

In addition to proceeding against the boat in rem, Rickenbacker Marina brings Count II as an in personam claim for breach of a maritime contract directly against Andres Pulgar. Having invoked federal admiralty jurisdiction under Article III, Section 2 of the United States Constitution, 28 U.S.C. Section 1333, and Federal Rule of Civil Procedure 9(h), the marina seeks to hold Pulgar personally liable for the financial consequences of the alleged breach.

A central component of the in personam claim involves the recovery of legal expenses incurred in pursuing the debt. The complaint highlights Paragraph 19 of the Storage and Service Agreement, which contains a comprehensive fee-shifting provision. Under this clause, if the marina retains legal counsel or a collection agency to recover unpaid dockage or enforce any terms of the contract, the vessel owner is contractually obligated to reimburse the marina for all resulting attorney fees, collection costs, and reasonable litigation expenses, including those related to nonjudicial sales, mediation, arbitration, civil lawsuits, and appeals. Rickenbacker Marina retained the law firm of Cole, Scott and Kissane, P.A. to prosecute the federal action and asks the court to award full reimbursement of its legal fees and taxable court costs alongside the principal judgment of $12,535.00. The verified complaint was sworn to and acknowledged by corporate representative Javier Arritola prior to filing.

Contact a Florida Maritime and Admiralty Lawyer Today for Assistance With Vessel Litigation and Marine Disputes

Admiralty and maritime law involves a specialized framework of federal statutes, procedural rules, and contractual principles that govern everything from commercial marina disputes and vessel arrests to severe passenger and crew member injuries on the navigable waters. Whether a case involves complex maritime liens under Supplemental Rule C or personal injury negligence claims aboard commercial vessels and private yachts, navigating federal admiralty court requires experienced legal representation. If you or a loved one has been impacted by a maritime accident, boating incident, or cruise ship injury in Florida, our dedicated legal team is prepared to evaluate your claim and protect your rights under federal maritime law.

Reach out to our office today through our online contact page at https://holzberglegal.com/contact-us/ to schedule a consultation with a skilled Florida maritime attorney.

Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.