Case Caption: Carl Simon v. Warden of the Bureau of Corrections, Calvin HerbertCase Number: S. Ct. Civ. No. 2017-0077Date: 12/24/2018Author: Hodge, Rhys S. Citation: Summary: Because the Bureau of Corrections failed to assert that appeal of a 2015 Superior Court opinion and order is untimely, any defect as to timeliness has been waived, and this Court may reach the merits. However, because no copy of the appellant’s initial filing is included on this appeal, and the only relevant document included in the Joint Appendix supports the Superior Court’s decision to treat this action as a petition for a writ of mandamus, the Superior Court committed no error when it failed to sua sponte treat this action as a suit for debt or breach of contract. While the Superior Court misinterpreted Rule 5(a)(4) of the Virgin Islands Rules of Appellate Procedure when it held that it lacked the authority to rule on a motion for relief from judgment even though it had been filed outside of the 28-day period prescribed by Appellate Rule 5(a)(4), the error is ultimately harmless since the motion would nevertheless have been denied on the merits. Accordingly, the Superior Court’s March 11, 2015 opinion and order denying the appellant’s mandamus petition, as well as its August 2, 2017 order denying his motion for relief from judgment, are affirmed.Attachment: Open Document or Opinion