eleventh the men quote the state cannot have it both ways it is either in the suit as a claimant subjecting its rights to decision or else it is out of this altogether deep sea research unless the court requires the state to respond to an order and that's all and that's all the state does and that's all the state did in this case right that's correct ok responded to my requests for a status and there were only entering for the purpose of responding to an order of the court hear it right they were not making a claim  they can be brought into the lawsuit for any other purpose no couldn't be theirs there's no claim thirty years no claim has ever been made the case was filed before the federal abandon ship wreck act conveyed federal title claim federal title in conveyed the federal title to the individual states since this action was filed back in july of eighty seven the state of florida has maintained that the eleventh amendment immunity prohibits the admiralty court from taking jurisdiction in protecting ongoing federal salvage activities in one nine hundred eighty seven jupiter direct move for a political area injunction to stop the arrest of jupiter rx officers and employees in the confiscation of vessels and artifacts rather than making a claim the state filed a limited appearance and the court held that due to the eleventh the men prohibition unless the state consented to admiralty court jurisdiction jupiter wreck had no possibility of claiming title against the state in one nine hundred eighty eight opinion held that unless the state we're not considering the student we're just responding to an order of the court that's right and they said specifically we are not subjecting ourselves to the jurisdiction of this court number one and number two we're not making a claim and they never have so there's was making a limited appearance for the purpose of responding to a court order that's correct that's and you the attachment that they made to that limited appearance was a research and recovery contract that goes back years and years and the court below said that research and recovery act contract specifically conveys title to the state now the whole idea and what's wrong with honoring that what's wrong with honoring that agreement honoring it yeah that agreement was a settlement with the state that agreement was entered for one person purpose and one purpose only everybody recognized back than this we're going back years that the federal court would be adjudicating title against the world and that's the way by the way if that's exactly what the court did in in in the in in  deep sea research but what the issue was is the division of the recovery after the court had a goes out anybody that has an interest in these artifacts come forward and intervene and make your claim at the end of that the court adjudicates title against the world the research and recovery device contract that we entered into gave the state twenty percent and gave us eighty percent after the court had adjudicated dial sounds a good deal what sounds like a good deal for your client oh oh no question we well we we were able in many cases and other cases also to make that twenty percent  donation everybody is happy about that but in this particular case what we did was we said we will give you twenty percent but we get the adjudication  name and then twenty percent of that goes to you you see the the the whole idea about this case is that we didn't have anything we could give of the state until such time as there is a recovery and it's in the substitute custodian say and that this is a this is a the matter between you and the state you have to you're entering into a private agreement with the state with the state of florida private agreement or in agreement it didn't have anything to do in the green mile the state of it was  agreement only only how we would divide after we had been adjudicated the owner so you want you want title you want titles of the to the bessel itself that's that's what you're seeking no where do you thinking only the title to what is recovered each year you can't get title to to the vessel that hadn't been recovered the substitute custodian holes what bring what is brought up in order to do that you've got to bring the state in the litigation no if i go and try to bring the state in the litigation what's years we're going to arrest your people and we're going to confiscate the boats we're going to take the treasure that you want to relate a gate a prior issue it's already been litigated no they actually said we are going to start arresting you unless you agree to sign these contracts when did that happen and it was first happened that the the the  only time that there was a case that was right for adjudication by this court was this year when the judge or last year when the judge ruled that the state owned the rock and we had control over the wreck and that was a mistake if you look at it if you look at the the decision all right i'm here is us year which is the order that says that the state owns the wreck because of the research and recovery agreement on it again why would we reopen that people have relied on that agreement for a long time and heck your client benefited from initial rulings by judge marcus saying that the only two people w your client the state you know for all we know if we reopen this they'll be an insurance company that comes out of the woodwork and be lots of other people so it seems to me quite dangerous to reopen all this stuff the only the only reason to reopen it was the state after thirty years changed and said we know we will not recognize the authority of the federal court to adjudicate title and to protect ongoing salvage and they wanted us to sign a totally during the state of florida i'm not an expert in the state of florida but i'm going to bet you can bring a breach of contract claim and state court against the state of florida well it i'm right about that i don't bring up breach of contract claim against the state of florida but see it's an admiral t claim it's in ram admiralty if they void their rights to that i know they can be sued for breach  magister report here's what it says direct quote until title is adjudicated no party can have a legal interest in the defendant vessel or items salvage there from period the interest of the substitute custodian is that of the court and the state of florida's interest created pursuant to the research and recovery contract with jupiter rick is merely a beneficial interest in doing a final adjudication of title and that is a direct quote now if you look at docket intrigue number forty four there was an agreement between us and the state of florida on  suspension because you don't want to place the against a sitting judge that's thirty years old and just kind of runs off all the all the warning bells it's too old so you do a suspension we agreed to that suspension what did we agree we agreed that they would get twenty percent we get eighty percent i'm going to go back to my original question you're appealing that the now of your request to strike the state's pleadings unless they consent unless they waive their level of the minimum immunity right that's what you're that's what that's the order that's being appealed from in this case you move for a status conference i am appealing on this basis is that what you're appealing though the denial of your request to strike the state's pleadings because you want to bring the state end of this case right but the state actually i don't want the state involved in this case the eleventh amendment is not a offensive weapon it's a shield and the entire basis for the eleventh amendment is to protect the fisc of the state we're not of rating that we've got to decide if we enter a where we write an opinion our opinion will affirm or reverse the district courts the now all of your requests requests to strike the state's pleadings is that what we're here to resolve this morning i believe that your decision there may very be exactly what the supreme court in the nine zero decision in deep sea research said and that is the eleventh amendment has nothing whatsoever to do with an interim salvage case period that's what it says nine a matter of fact it there were specially concurring opinions that emphasize that for you so so the answer my question is yes you're trying to bring the state in this case i'm only wanting the state to if they want to go ahead and in any way participate in the salvage that has been going on for thirty years they have to come in under the rule and make a claim they refused to do that in every other case that i've got they came in fraser salvors jupiter right i mean  research to the court that was not argued that that was that was a the case at that point was whether the court had jurisdiction however we were still working with the state the one thing it you don't want to do the state is kick them in the head you know i mean you just don't want to do that what you want to do is be as nice as you possibly can and try to work with them because they can cause all kinds of problems and we continue salvage there been over twenty thousand artifacts salvaged and that's or not maybe maybe it's because i'm from ohio that i'm the one that's interested in this but what's what's left i mean you've been salvaging this thing for several decades is there anything still there i'll give you an example about twenty five miles above where jupiter inlet is is where the seven hundred fifteen fleet sank in july of coins worth four million dollars one of the coins was a quarter of a million dollars that's this in one time at the same rack it's a wreck just like jupiter wreck yes and we know from the our recoveries that it came in at a certain angle we know that and then we applied to the court to extend the wreck site the court granted that extension and that's where the it kind of tumbles as it comes into the beach and that's where everything is found the issue i believe is that until there is an adjudication of title you perec never had anything it could convey to the state of florida nothing the there's no reason for the apple iii thirty year refusal to make any claim the state has continued to attempt to i love a member of the immunity is all about that's correct and the eleventh amendment is a shield against an attack we never attack what's it is but it's somehow a hard time what modern a fancy that judge wilson it's not an offensive weapon and they're using it as an offensive weapon and they say we can come into the fight without ever making an appearance or acknowledg the jurisdiction of the federal district court we can come in and arrest those salvors for doing something which is specifically allowed by the federal district court in the admiralty are saying we're only coming in because we're responding to an order of the court to come in remiss making a limited appearance because we're responding to a no we're not going to ignore the court order we're going to respond to the court order of the court that's at all the states do it right no they actually went further than that they actually by attaching the research and recovery agreement the court then used that limited appearance to say that the state had made a claim and that the state owns it that was a just absolute total mistake because until such time