Case Caption: Gourmet Gallery Crown Bay, Inc. v. Crown Bay Marina, L.P.Case Number: S. Ct. Civ. No. 2015-0123Date: 03/27/2018Author: Hodge, Rhys S. Citation: Summary: In a suit by a grocery store and its principal relating to leasing of premises by the defendant marina, allegedly in violation of certain covenants in the plaintiffs’ lease, an order by the Superior Court denying a motion for the escrow of rent payments pending the outcome of the litigation is not a matter over which the Supreme Court may exercise jurisdiction in the present posture of the litigation, and review is denied as to that order. The escrow order is neither a final order nor one of the categories of interlocutory orders for which a right of appeal is specified in 4 V.I.C. Sections 33(b) and (c), and V.I. R. APP. P. 5(a)(2). Nor does that order satisfy all of the requirements for review as a collaterally appealable order. The Superior Court’s order denying a preliminary injunction is properly reviewable on appeal under 4 V.I.C. § 33(b)(1), and it is concluded that the Superior Court did not abuse its discretion when it denied the motion. A preliminary injunction requires a clear showing that (1) the movant has a reasonable probability of success on the merits, (2) the movant will be irreparably injured by denial of the relief, (3) granting preliminary injunction relief will not result in even greater harm to the nonmoving party, and (4) granting the preliminary relief will be in the public interest. Here the required proof regarding irreparable harm such as undeterminable or un-rectifiable monetary loss was insufficient, and the Superior Court did not err when it concluded that plaintiff did not demonstrate that the balance of hardships favored the issuance of an injunction. In addition, the evidence supported the Superior Court’s conclusion that granting the preliminary injunction would not be in the public interest. The portion of the judgment denying the preliminary judgment motion is affirmed, and this matter is remanded for further proceedings in accordance with this opinion.Attachment: Open Document or Opinion