S. Ct. Civ. No. 2016-0013

A motion to dismiss this appeal because it is purportedly not from a final judgment is denied. This Court has jurisdiction over this appeal relating in part to a motion below to vacate an arbitration award in litigation involving two actions that have been consolidated. Under 4 V.I.C. § 32(a) denial of a motion to vacate an arbitration award constitutes a final judgment for purposes of section 32(a). Although in this case the Superior Court has not yet ruled on a motion to confirm the arbitration award, requiring confirmation prior to permitting an appeal when a motion to vacate has been denied as untimely would be a vain and superfluous procedural step because - absent a timely motion to vacate, modify, or correct the award - a court has no choice but to confirm the award as rendered. Consequently, the Superior Court's failure to rule on the motion to confirm the arbitration award does not defeat the finality of its February 16, 2016 order. Denial of the motion to vacate as untimely effectively resolved all claims between the parties to that case. For purposes of 4 V.I.C. § 32(a), an order issued by the Superior Court in a consolidated case is appealable as of right to this Court as a final judgment if that order would qualify for appeal as a final judgment had the cases not been consolidated. Because the Superior Court's order would have been an appealable final judgment had the Superior Court not granted the motion to consolidate, this Court possesses jurisdiction over this appeal. Because separately-filed cases consolidated by the Superior Court do not lose their individual character, the February 16, 2016 order is a final judgment, since it disposed of all issues in Super. Ct. Civ. No. 85/2013 (STX) even though certain issues in Super. Ct. Civ. No. 45/2013 (STX) remain pending. Accordingly, the motion to dismiss is denied, and the Clerk of the Court is directed to issue a new briefing schedule.