The Court holds that, although the Superior Court's decision to sua sponte vacate an order that had been appealed one month after a notice of appeal had been filed may have mooted the appeal, Supreme Court Rule 5(a)(5) prohibited the Superior Court from taking such an action while the appeal was pending. The Court, however, found that the Appellate Division retained jurisdiction over the underlying habeas corpus matter because its prior remand had been a record remand rather than a case remand. Moreover, the Court found that no conflict exists between its prior decision in Hypolite v. People and the Third Circuit's decision in Hodge v. Bluebeard's Castle because Bluebeard's Castle concerned a case remand while Hypolite involved a record remand. Accordingly, the Court dismisses the appeal for lack of jurisdiction.
Supreme Court Of The Virgin Islands