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Oceanics Schools3/14/2003
e the circuit court of a payment from a third party that, according to Barbour, should have been credited against the Portuguese judgment. He claims that the failure of the plaintiff to disclose this information to the circuit court should bar it from the equitable relief it now seeks.
The record reflects that after the plaintiff secured its judgment in Portugal, it released its lien on the Antarna after reaching a settlement with the new owner of the vessel. In June, 1987, the plaintiff received approximately $287,500 from OSC's transferee in consideration of the plaintiff releasing its lien and allowing the Antarna to continue in the unencumbered ownership of its new owner. The plaintiff in its brief concedes that "it is possible that this payment may have an effect on the judgment amount."
We reject Barbour's contention that the doctrine of unclean hands bars the plaintiff from seeking the relief requested in this case. He may, however, be entitled to some relief as a result of this payment.
The facts pertaining to this matter have not been sufficiently developed to allow us to decide if Barbour is entitled to a credit against the OSC judgment and, if so, the amount to which he is entitled, as a result of the subject payment. To the extent that Barbour claims he is entitled to such a credit, this matter can be addressed by the trial court following remand at such time as the court deems appropriate.
IX.
The judgment of the trial court is affirmed. Costs on appeal are taxed to the appellant Clifford E. Barbour, Jr. Case remanded to the trial court.
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