Michael Kosterlitz v. The S/V Knotta Klu, et al.

Question 1: Under Florida law the tort of false arrest occurs when a person procuring an arrest provides false information to the arresting officer and the tort is complete upon arrest. Did the District Court properly rule that Petitioner’s claim for false arrest failed because, unbeknownst to Respondent and the arresting officer at the time of arrest, and as later concluded by the District Court after trial, title to a vessel seized by Petitioner had passed to Respondent by operation of law at time of delivery through the application of Florida’s Uniform Commercial Code? Question 2: Under the model Uniform Commercial Code § 2-401 (2) as adopted by Florida as § 672.401 (2), Fla. Stat., providing that unless otherwise explicitly agreed, title passes at delivery, did the District Court properly rule that title passes at delivery where the Court also found that the enforceable contract between the parties did not come into existence until after delivery? Question 3: Under Fed.R.Civ.P. 54 (c) providing that judgment should grant the relief to which each party is entitled, did the District Court properly sua sponte post-trial adjudicate this case as a breach of contract case and sua sponte apply a U.C.C. provision not raised in pleadings or at trial where no party sued for breach of contract or raised claim of title under the U.C.C.?