Judge Arthur Spatt
The Friedmans’ (Claimants) property was damaged after the Frankels’ (Petitioners) boat came off its moorings and “crash[ed] … onto [Claimants'] property” on Oct. 29, 2012. Seeking exoneration from liability, Petitioners filed an “Ad Interim Security” in the amount of $21,984 and 6 percent annual interest. On Feb. 20, 2013, the court signed their “Order Restraining Prosecution of Claims, approving Petitioners’ Security, Directing Issue of Notice and the Filing of Fees”, thus barring pursuit of claims outside the limitations proceeding. Finding that the Claimants withdrew their Sept. 3, 2013, lien against the Frankels’ boat the court denied, as moot, Petitioners’ motion to vacate the lien. The court also denied their request for attorney’s fees under 46 USC §31343(c)(2). Although Petitioners’ effectively defeated Claimants’ lien the court, applying Buckhannon Bd. & Care Home Inc. v. W. Va. Dep’t of Health & Human Res., found Petitioners did not qualify as a “prevailing party” under §31343(c)(2). Before Petitioners brought their vacatur motion, Claimants’ counsel notified Petitioners’ counsel, who notified Petitioners, that Claimants would be withdrawing their underlying lien. Thus Petitioners could reasonably have avoided court expenses.
