The Court holds that, because no statute requires that a civil litigant file a notice of appeal within thirty days or prohibits the Court from considering moot appeals, neither requirement relates to the Court's subject matter jurisdiction and thus each issue may be waived if not timely asserted. The Court further holds that, even if the mootness issue had not been waived, an appeal of an order granting a domestic violence permanent restraining order does not become moot upon expiration of that order because of the collateral consequences a finding that one committed domestic violence may have on a party's reputation and on subsequent legal proceedings. Finally, consistent with its prior decision in Bernhardt v. Bernhardt, the Court holds that due process is violated when the Superior Court prevents retained counsel from actively participating in a domestic violence permanent restraining order proceeding.
Supreme Court Of The Virgin Islands