Mahabir v. Heirs of James Wellington George, et al
Case Caption: Mahabir v. Heirs of James Wellington George, et alCase Number: SCT-CIV-2014-0025Date: 12/22/2021Author: Cabret, Maria M. Citation: 2021 V.I. 22Summary: Following remand to the Superior Court for explanation of its reasoning in fixing awards of attorneys’ fees pursuant to 5 V.I.C. § 541 to certain defendants after dismissal of the plaintiff’s suit for exclusive title to a property on the island of St. John, it is concluded that the Superior Court abused its discretion in substantially reducing its award of attorneys’ fees to each defendant. Application of the factors set forth in Supreme Court Rule 211.1.5(a) was erroneous, and the standards articulated by the United States Supreme Court in applying a substantially similar federal discretionary fee award statute are considered. However, because the Superior Court’s errors benefited the plaintiff, and because these defendants did not file a cross-appeal challenging the reduced awards, the Superior Court’s April 4, 2014, opinions and orders awarding attorney’s fees are affirmed.Attachment:
Open Document or Opinion