Case Caption: Alicia “Chucky” Hansen and Carolina F. Fawkes v. Adelbert M. BryanCase Number: S. Ct. Civ. No. 2017-0050Date: 01/18/2018Author: Hodge, Rhys S. Citation: Summary: In considering a motion pursuant to Virgin Islands Rule of Appellate Procedure 30 for recovery of costs and attorney’s fees incurred in a prior appeal – issues remanded by prior order of this Court for consideration by the Superior Court – the law of the case doctrine precluded the appellants in the prior appeal from challenging the timeliness of that motion, and their untimeliness argument in any event lacks merit since the prior appeal was not final for these purposes while a motion for reconsideration was pending. The fact that 18 V.I.C. § 412 is silent with respect to awards of costs and fees when a petition is not dismissed is not indicative that the Legislature intended to preclude the application of 5 V.I.C. § 541 to such proceedings. Because the movant in the present litigation could have recovered attorney’s fees and costs pursuant to § 541, it was not error to award him recovery of fees and costs pursuant to Rule 30. The Superior Court also committed no error when it declined to recognize an exception to the provisions for award of costs and fees for issues of “first impression,” and it properly found one of the former appellants jointly liable to the movant/former appellee for costs and fees given her decision to intervene in the litigation and then to become an appellant. No abuse of discretion is found with respect to the amount of the costs and fees award. Accordingly, the Superior Court’s April 21, 2017 decision awarding $17,625 in attorney’s fees and $363.70 in costs is affirmed.Attachment: Open Document or Opinion