S.Ct. Civ. 2010-0027

In a landlord-tenant dispute prompting a forcible entry and detainer action under 28 V.I.C. § 781 et seq. that was initially considered by a magistrate, resulting in an order of eviction which was subsequently appealed to the Superior Court and upheld following a trial de novo, the only proof that the tenant-appellant received actual notice of that trial came from the unsworn representations of the landlord's attorney. However, unsworn representations of an attorney are not evidence, and the record thus lacks any admissible evidence that the tenant-appellant received any notice of the Superior Court trial. Because the Superior Court's conclusion that the tenant-appellant had actual notice was devoid of the minimum necessary evidentiary support, the Superior Court clearly erred by finding that the tenant-appellant had actual notice of the trial, and its decision upholding the order of eviction is reversed. The matter is remanded to the Superior Court for further proceedings.