Blessey Marine Services, Inc. v. Jeffboat, L.L.C.

Blessey filed suit against Jeffboat for breach of contract over a dispute regarding the purchase price of barges. The court did not reach the merits of the appeal because it concluded, under Becker v. Tidewater, Inc., that it did not have jurisdiction to review the district court's denial of Blessey's motion for partial summary judgment. In this case, Blessey seeks the court's review of the district court's disposition of a question of law, but its appeal does not fit the Becker exception because the district court conducted a jury trial. Further, even if the court were to assume arguendo that the court did not have jurisdiction, the court would affirm the district court's denial of partial summary judgment on the merits. The court also concluded that, by adducing some of the same extrinsic evidence at trial that it had sought to exclude in its motion in limine, Blessey waived its right to challenge the district court's admission of that evidence. Accordingly, the court affirmed the district court's denial of Blessey's motions for partial summary judgment and in limine. View "Blessey Marine Services, Inc. v. Jeffboat, L.L.C." on Justia Law