Donastorg, Jr. et al v. Daily News Publishing Co.
Case Caption: Donastorg, Jr. et al v. Daily News Publishing Co, Inc. et alCase Number: SCT-CIV-2021-0001Date: 03/07/2022Author: Per CuriamCitation: 2022 VI 1USummary: In longstanding litigation involving numerous causes of action pled against several defendants, this appeal was filed after the Superior Court granted a partial final judgment relating to a prior summary judgment opinion and order disposing of some, but not all, of the claims in the action. On a joint motion by the parties asking for a determination whether jurisdiction over this appeal is proper in this Court, which has jurisdiction over all appeals arising from final judgments, final decrees or final orders of the Superior Court, as provided in 4 V.I.C. § 32(a) and 48 U.S.C. § 1613a(d), while none of the statutory exceptions to the final judgment rule applies to this case, the Superior Court certified its summary judgment opinion and order as a partial final judgment pursuant to Rule 54(b) of the Virgin Islands Rules of Civil Procedure. There is no conflict between that Rule and prior case law, which had noted that the Superior Court, as a lower court, could not unilaterally adopt a court rule that would compel the Supreme Court to accept jurisdiction over an appeal. Virgin Islands Rule of Civil Procedure 54(b) was promulgated directly by this Court pursuant to its rulemaking authority, and therefore does not infringe on its authority as the court of last resort for the Virgin Islands. Accordingly, this Court has jurisdiction to review the Superior Courts’ August 19, 2015 opinion and order in light of the January 7, 2021 opinion and order designating it as a partial final judgment pursuant to Virgin Islands Civil Rule 54(b).Attachment:
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