The Court holds that it lacks jurisdiction to review a Superior Court order adjudicating a plaintiff's claim against a defendant, but not disposing of the defendant's counterclaim, because it is not a final appealable order. The Court further holds that while such an order may nevertheless be final if a) the order implicitly denies the counterclaim; b) judgment in favor of the plaintiff's claim renders the counterclaim moot; or c) the counterclaim was never properly before the Superior Court, none of those exceptions are present in the instant case. Significantly, the Court found that the defendant's counterclaim was properly before the Superior Court even though it was filed during the automatic stay mandated by 5 V.I.C. § 547 because documents filed during such a stay are voidable rather than void.
Supreme Court Of The Virgin Islands