Guillory v. Outboard Motor Corp., 956 F.2d 114 (5th Cir. 1992). · Go Syfert
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Guillory v. Outboard Motor Corp., 956 F.2d 114 (5th Cir. 1992). Cases Citing This Book View Copy Cite
34 citation events (24 in the last 25 years) across 11 distinct courts.
Strongest positive: Deno v. Progressive Cslty Ins Co (ca5, 2026-03-05)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Deno v. Progressive Cslty Ins Co (2×) also: Cited "see, e.g."
5th Cir. · 2026 · confidence medium
Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir. 1992).
discussed Cited as authority (rule) In the matter of JAMES R. SILVER
D. Mass. · 2023 · confidence medium
See MLC Fishing, Inc. v. Velez, 667 F.3d 140, 142-43 (2d Cir. 2011); David Wright Charter Serv., 925 F.2d at 784-85; Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir. 1992); Compl. of Sisson, 867 F.2d 341, 349-50 (7th Cir. 1989), rev’d on other grounds sub nom.
discussed Cited as authority (rule) IN THE MATTER OF THE COMPLAINT OF GO RIO SAN ANTONIO, LLC (2×) also: Cited "see"
W.D. Tex. · 2021 · confidence medium
And § 30511(c) provides: “When an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the mat- ter in question shall cease.” Addressing the Limitation of Liability Act, the predecessor to the current Act, the Fifth Circuit held that the “Act does not confer jurisdiction upon federal courts.” Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir. 1992) (per curiam).
cited Cited as authority (rule) In the Matter of the Complaint of Dock Partners Management LLC
S.D. Tex. · 2021 · confidence medium
Nor can they travel interstate to the waters of Crooked Creek.” /d. at 149 (quoting Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (Sth Cir. 1992).
cited Cited as authority (rule) Southern Recycling, L.L.C.
5th Cir. · 2020 · confidence medium
“The Limitation of Liability Act does not confer jurisdiction upon federal courts.” Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir. 1992) (per curiam).
discussed Cited as authority (rule) Hickam v. Segars
M.D. Tenn. · 2012 · confidence medium
See David Wright Charter Serv. of N. Car., Inc. v. Wright, 925 F.2d 783 , 785 (4th Cir.1991); Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir.1992); In the Matter of Sisson, 867 F.2d 341, 349-350 (7th Cir.1989), rev’d on other grounds, 497 U.S. 358 , 110 S.Ct. 2892 , 111 L.Ed.2d 292 (1990); Three Buoys Houseboat Vacations U.S.A., Ltd. v. Morts, 921 F.2d 775, 779-80 (8th Cir.1990); Seven Resorts, Inc. v. Cantlen, 57 F.3d 771, 772-73 (9th Cir.1995); Lewis Char ters, Inc. v. Huckins Yacht Corp., 871 F.2d 1046, 1052-54 (11th Cir.1989).
discussed Cited as authority (rule) Michael Macgowan v. Kelly Cox
5th Cir. · 2012 · confidence medium
In Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir.1992), this court held that Crooked Creek Reservoir, a body of water contained within Louisiana and blocked by dams, was not a navigable waterway for admiralty jurisdiction purposes because interstate travel through the waterway was not possible.
examined Cited as authority (rule) In Re Carter (3×) also: Cited "see"
D. Conn. · 2010 · confidence medium
As the Fifth Circuit pointed out in Guillory, 956 F.2d at 114, the federal courts' admiralty jurisdiction comes both from a statute, see 28 U.S.C. § 1333 (1), and from the Constitution.
examined Cited as authority (rule) Carter v. Allstate Insurance (3×) also: Cited "see"
D. Conn. · 2010 · confidence medium
As the Fifth Circuit pointed out in Guillory, 956 F.2d at 114, the federal courts’ admiralty jurisdiction comes both from a statute, see 28 U.S.C. § 1333 (1), and from the Constitution.
discussed Cited as authority (rule) CASCIANI v. Pruett
M.D. Tenn. · 2000 · confidence medium
See, e.g., LeBlanc, 198 F.3d at 357 ; Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir.1992); Alford v. Appalachian Power Co., 951 F.2d 30, 33-34 (4th Cir.1991); Three Buoys Houseboat Vacations USA Ltd. v. Marts, 921 F.2d 775, 779 (8th Cir.1990).
cited Cited as authority (rule) In Re Bernstein
D. Mass. · 1999 · confidence medium
Ltd. v. Morts, 921 F.2d 775, 779-80 (8th Cir.1990); Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir.1992).
discussed Cited as authority (rule) In re Fields
M.D. Tenn. · 1997 · confidence medium
See David Wright Charter Service of North Carolina, Inc. v. Wright, 925 F.2d 783, 785 (4th Cir.1991); Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir.1992); Complaint of Sisson, 867 F.2d 341, 350 (7th Cir.1989) rev’d on other grounds, 497 U.S. 358 , 110 S.Ct. 2892 , 111 L.Ed.2d 292 (1990); Three Buoys Houseboat Vacations U.S.A.
discussed Cited as authority (rule) Seven Resorts, Inc., Dba Bridge Bay Resort v. James Arthur Cantlen Delta Upsilon, an Unincorporated Fraternal Organization Stacey Lynn Epping
9th Cir. · 1995 · confidence medium
See David Wright Charter Service v. Wright, 925 F.2d 783 , 785 (4th Cir.1991); Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir.1992); Complaint of Sisson, 867 F.2d 341, 350 (7th Cir.1989), rev’d on other grounds, 497 U.S. 358 , 110 S.Ct. 2892 , 111 L.Ed.2d 292 (1990); Three Buoys Houseboat Vacations U.S.A.
cited Cited "see" Bertucci Contracting Co. v. Wagner
5th Cir. · 2013 · signal: see · confidence high
See Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir.1992) (per curiam). 2 .
cited Cited "see" Silver Slipper Casino Venture LLC v. Does
5th Cir. · 2008 · signal: see · confidence high
See Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir.1992) (“The Limitation of Liability Act does not confer jurisdiction upon federal courts.
discussed Cited "see" Complaint of Nolty J. Theriot, Inc.
S.D. Tex. · 1994 · signal: see · confidence high
To use the limitation statute, the shipowner must have facts that support admiralty jurisdiction other than the desire to limit liability. 28 U.S.C. § 1333 (a) (1986); see Guillory v. Outboard Motor Corp., 956 F.2d 114 (5th Cir.1992).
cited Cited "see, e.g." In Re Doug Deno
N.D. Tex. · 2025 · signal: see also · confidence low
See The Daniel Ball, 77 U.S. at 564–65 (1850); See also Guillory v. Outboard Motor Corp., 956 F.2d 114 (5th Cir. 1992).
discussed Cited "see, e.g." In Re the Complaint of the Sea Vessel, Inc., for Exoneration From or Limitation of Liability as the Owner of the M/v Sea Lion v v. Juan Reyes
11th Cir. · 1994 · signal: see also · confidence medium
Lewis Charters, Inc. v. Huckins Yacht Corp., 871 F.2d 1046, 1054 (11th Cir.1989); see also Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir.1992), David Wright Charter Serv. v. Wright, 925 F.2d 783 , 785 (4th Cir.1991), Three Buoys Houseboat Vacations U.S.A.
Retrieving the full opinion text from the archive…
Charles H. Guillory, Owner, on Behalf of the Stratos Model 274fs, and Underwriters of Lloyds of London
v.
Outboard Motor Corp., Connie Deshotels, Etc. And Police Jury Evangeline Parish
91-4890.
Court of Appeals for the Fifth Circuit.
Apr 20, 1992.
956 F.2d 114
Cited by 4 opinions  |  Published

956 F.2d 114

1993 A.M.C. 605

Charles H. GUILLORY, Owner, on Behalf of the Stratos Model
274FS, and Underwriters of Lloyds of London,
Plaintiffs-Appellants,
v.
OUTBOARD MOTOR CORP., et al., Defendants,
Connie Deshotels, etc. and Police Jury Evangeline Parish,
Defendants-Appellees.

No. 91-4890
Summary Calendar.

United States Court of Appeals,
Fifth Circuit.

March 23, 1992.
Rehearing Denied April 20, 1992.

Rufus C. Harris, III, Robert B. Acomb, III, Terriberry, Carroll & Yancey, New Orleans, La., for plaintiffs-appellants.

Ronald J. Fiorenza, Provosty, Sadler & Delaunary, Alexandria, La., for Evangeline Police Jury.

Daniel J. McGee, Rozas, Manuel & McGee, Mamou, La., for Deshotels .

Appeal from the United States District Court for the Western District of Louisiana.

Before REAVLEY, HIGGINBOTHAM and BARKSDALE, Circuit Judges.

PER CURIAM:

1

Charles Guillory brought this complaint for exoneration from or limitation of liability under the Limitation of Liability Act, 46 U.S.C.App. §§ 181 et seq. The potential liability arises out of an incident that occurred when Guillory was operating his bass boat on the waters of Crooked Creek Reservoir in Louisiana. The district court dismissed the case for lack of subject matter jurisdiction because Crooked Creek Reservoir is not a navigable waterway. We agree.

2

The Crooked Creek Reservoir is located in Evangeline Parish, Louisiana, and was created for recreation and flood control by a dam constructed between Crooked Creek and Bayou Nezbique. Crooked Creek is located entirely within Evangeline Parish and the state of Louisiana. Vessels cannot access Bayou Nezbique because of the dam. Nor can they travel interstate to the waters of Crooked Creek. Even before construction of the dam, Crooked Creek was so shallow in depth and overgrown by brush that it was difficult, if not impossible, for any vessel to travel across its waters.

3

The Limitation of Liability Act does not confer jurisdiction upon federal courts. That must come from our admiralty jurisdiction under U.S. CONST. art. III, § 2 and 28 U.S.C. § 1333(1). Suits lacking any relationship to either navigable waters or traditional maritime activity are without admiralty jurisdiction. Three Buoys Houseboat Vacations U.S.A., Ltd. v. Morts, 921 F.2d 775, 777 (8th Cir.1990), on remand from, --- U.S. ----, 110 S.Ct. 3265, 111 L.Ed.2d 775 (1990), vacating and remanding 878 F.2d 1096 (8th Cir.1989), and cert. denied, --- U.S. ----, 112 S.Ct. 272, 116 L.Ed.2d 224 (1991); Lewis Charters, Inc. v. Huckins Yacht Corp., 871 F.2d 1046, 1050 (11th Cir.1989).

4

AFFIRMED.