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Ashline v. Marinas USA LP

The trial court properly denied the plaintiff's motion to add or substitute parties as successors-in-interest to the business against which the plaintiff had obtained a default judgment, since none of the exceptions to the general rule that a purchasing corporation does not assume the liabilities of the seller applied.

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John Ashline initially brought this suit against Marinas USA, L.P. Marinas for a tort allegedly arising out of its operation of Aqualand Marina. Marinas defaulted. Ashline now appeals the trial court’s order denying his motion to add or substitute Flagship Marinas Acquisition, LLC and Flagship Aqualand, LLC collectively, Flagship as Marinas’s successors-in-interest. He argues that Flagship, which purchased Aqualand Marina from Marinas, contractually agreed to assume liability for all claims against Marinas and thereby assumed liability to him for his default judgment. We find, however, that the language on which Ashline relies merely released Marinas from certain liabilities. Flagship, therefore, did not assume liability for Ashline’s default judgment. Accordingly, we affirm.1

Ashline secured a default judgment against Marinas on May 4, 2012, for the conversion of his houseboat, which had occurred seven years earlier, on or about July 15, 2005. A few weeks before that alleged conversion, on May 26, 2005, Marina had entered into a contract with Flagship for the sale of a marina.

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