Case Caption: Susan Spencer (Appellant/Defendant) v. Carmen Navarro, (Appellee/Plaintiff).Case Number: S.CT.Civ. No. 2007-069Date: 04/08/2009Author: Per CuriamCitation: Summary:

This appeal is back before the Court after we remanded the case to the trial court to enter findings of fact in accordance with Rule 52(a) of the Federal Rules of Civil Procedure. See Spencer v. Navarro, S.Ct. Civ. No. 2007/69, slip op. (V.I. June 27, 2008) (hereinafter "SpencerI"). In the underlying action, Carmen Navarro ("Navarro") sued Susan Spencer ("Spencer") in the Small Claims Division of the Superior Court for damages to her vehicle allegedly resulting from a hit-and-run traffic accident that occurred on December 31, 2006. When Spencer failed to appear at the scheduled bench trial, the trial court entered a default judgment in Navarro's favor. Spencer moved for reconsideration and for a new trial. After an evidentiary hearing on the motion, the trial court denied the motion and subsequently denied Spencer's Motion for Relief from Judgment or for New Trial. Spencer appealed to this Court, asserting, among other arguments, that in denying her motions, the trial court overlooked evidence. Because the trial court had not entered findings of fact, we were unable to ascertain the basis for its decision and were, therefore, unable to review Spencer's assertion. Accordingly, in Spencer I, we remanded the matter to trial court to enter findings of fact.

Attachment: Open Document or Opinion