Dwight Smith vs. Kathy McLaughlin
Case Caption: Dwight Smith vs. Kathy McLaughlin Case Number: SCT-CIV-2019-0089Date: 02/08/2023Author: Hodge, Rhys S. Citation: 2023 VI 2Summary: In a case involving repair of a vehicle involved in an accident on St. John, no issues are raised regarding the underlying merits of the case and, therefore, all substantive claims that could have been raised based upon the Superior Court’s Memorandum Decision and Order are waived. This Court lacks jurisdiction to review the Superior Court’s award of attorney’s fees and costs to the plaintiff/appellee because it is unquantified, and accordingly that appeal is dismissed since piecemeal appellate review of trial court decisions which do not terminate the litigation is to be avoided. However, this Court does have jurisdiction to review the Superior Court’s order partially granting the defendant/appellant’s claim for recovery of costs and attorney’s fees arising from the aborted May 11, 2017 trial date, which bears all of the hallmarks of a sanction for civil contempt. On this issue, the Superior Court did not abuse its discretion in finding the plaintiff/appellee in contempt and awarding reasonable attorney’s fees and costs in the amount of $290, and that order is affirmed.Attachment:
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