Francisco Martin v. One Bronze Rod, 581 F. App'x 744

Martin sought in rem warrants against one bronze rod and three chests for salvage, forfeiture, and possession under federal admiralty law, claiming piratical cargo from Gasparilla Pirates buried in the Peace River Basin over 150 years ago.
Rod had been seized by Martin; chests remain buried on private and state lands and allegedly part of the same res as the rod.
Magistrate found salvage valid for the rod but not for the chests; denied warrants for the chests and rejected all other claims.
District court affirmed; Martin sought reconsideration and pursued interlocutory appeals; case was reopened focusing on the rod; final judgment awarded title to the rod and dismissed other claims.
Appellate review concluded the chests could not be pursued under salvage or forfeiture theory; affirmance of district court’s denial as to the chests.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Martin's salvage claim supports arrest in rem for the chests	Martin argues chests are same res as rod; salvage over chests justified.	Court requires undivided res or constructive in rem over linked property; chests are isolated.	Salvage fails for chests; no undivided res or constructive possession.
Whether constructive in rem jurisdiction over the chests can be based on salvage of the rod	Rod salvage creates constructive possession of chests.	No basis to treat chests as part of same res; separate items not in geographical association.	Rejected; no constructive in rem jurisdiction over chests.
Whether forfeiture under 33 U.S.C. §§ 383-384 applies to the chests	Cargo tied to piratical activity supports forfeiture of chests.	No capture or sufficient nexus between chests and piracy; chests not captured.	No viable forfeiture claim; chests cannot be arrested in rem.

Simmons v. The S.S. Jefferson, 215 U.S. 130 (U.S. 1909) (definition of salvage and salvor's lien)
The Sabine, 101 U.S. 384 (U.S. 1879) (salvor's lien and duties in salvage)
The Blackwall, 77 U.S. (10 Wall.) 1 (U.S. 1869) (necessity of success in salvage for compensation)
Klein v. Unidentified Wrecked & Abandoned Sailing Vessel, 758 F.2d 1511 (11th Cir. 1985) (elements of salvage claim)
Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel, 657 F.3d 1159 (11th Cir. 2011) (in rem jurisdiction and custody over salvaged res)
R.M.S. Titanic, Inc. v. Haver, 171 F.3d 943 (4th Cir. 1999) (constructive possession theories for shipwrecks)
The City of Mexico, 28 F. 148 (S.D. Fla. 1886) (forfeiture context under piracy statutes)
The Chapman, 5 F. Cas. 471 (N.D. Cal. 1864) (forfeiture/piracy-related seizure)
The Marianna Flora, 24 U.S. (11 Wheat.) 1 (1825) (statutory piracy forfeiture framework)
Barfield v. Brierton, 883 F.2d 923 (11th Cir. 1989) (review for appeals where final judgment consolidates earlier orders)