SEA TOW V. PONTIN

State: Florida

Court: Florida Third District Court

Docket No: 06-3036

Case Date: 12/26/2007

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2007
Opinion filed December 26, 2007. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D06-3036 Lower Tribunal No. 01-1111 ________________

Sea Tow Services International, Inc.,
Appellant, vs.

Duke Pontin d/b/a Spirit Towing and d/b/a Sea Tow Services Florida Keys,
Appellee.

An Appeal of a non-final order from the Circuit Court for Monroe County, Mark H. Jones, Judge. Thomas M. Bates (West Palm Beach), for appellant. Mitchell J. Cook (Summerland Key), for appellee. Before GERSTEN, C.J., and SUAREZ and ROTHENBERG, JJ. SUAREZ, J. Sea Tow Services International, Inc. appeals a non-final order modifying in part and denying a motion to dissolve a temporary injunction after an evidentiary

hearing.

The trial court denied dissolution of a temporary injunction which

prevented Sea Tow from terminating a licensing agreement between itself and Duke Pontin. We find a change of circumstances which required the trial court to dissolve the temporary injunction and, therefore, reverse. Sea Tow was in the business of marine assistance and transportation. Duke Pontin became a Sea Tow licensee on July 4, 1992. The Agreement allowed Pontin to act as a Sea Tow operator to perform towing salvage and other marine services. The terms of the Licensing Agreement required all Sea Tow licensees and employees to be United States Coast Guard licensed as required by law. 1 The License Agreement provided for a ten day "cure" of reasonable objections made by Sea Tow for violation of the Agreement by the licensee before termination could be effected. 2 Sea Tow learned from the United States Coast Guard that Duke

Pontin had been allowing his son, Cove Pontin, to provide Sea Tow towing assistance while he was not properly licensed. On June 26, 2006, it notified Duke Pontin by certified letter that the Agreement was being terminated immediately for, among other reasons, allowing his son to operate a vessel and provide

See 46 C.F.R.

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