Case Caption: Boyd B. Brown, Jr. v. Emily BrownCase Number: S. Ct. Civ. No. 2013-0020Date: 09/06/2013Author: Per CuriamCitation: Summary:

The purported appeal of a decision of a judge acting as a Superior Court magistrate when ruling on a restraining order application is dismissed for lack of appellate jurisdiction. A decision rendered by the Magistrate Division of the Superior Court does not constitute a final appealable order under 4 V.I.C. § 32(a) until and unless it has been first appealed to, and considered by, the Appellate Division of the Superior Court. All appeals from the Magistrate Division must be filed in the Superior Court as provided in 4 V.I.C. § 125. In this case, despite her elevation to the position of Superior Court judge, the judge unquestionably served in a magistrate capacity when she issued the ruling from which the present appeal purports to be taken. Since the judge, by assignment or otherwise, continued to exercise the jurisdiction of a magistrate despite her elevation, the traditional appellate procedure applicable to appeals of Magistrate Division decisions continues to apply. Because that procedure has not been followed in this case, this Court lacks jurisdiction to review the February 20, 2013 Order and the appeal is dismissed for lack of appellate jurisdiction.

Attachment: Open Document or Opinion