Case Caption: David Gould v. Mohammed S. Salem, et al.Case Number: S. Ct. Civ. No. 2010-0098Date: 05/31/2012Author: Cabret, Maria M. Citation: Summary:

In an action to foreclose on mortgaged properties and collect the unpaid balance on a $100,000 note, judgment was entered for the amount due and a Marshal's sale of the property was ordered, but the borrowers then tendered the entire amount of the judgment. They thereafter filed a motion to obtain release of the portion of the funds held in escrow relating to tax liabilities, citing Federal Rules of Civil Procedure 60(b)(5) and 60(b)(6), 28 V.I.C. § 538, and the court's own inherent authority. Different standards of review apply to rulings under those various mechanisms, and different requirements apply to obtain relief. Nevertheless, the Superior Court's order does not refer to any source of authority, either directly or indirectly, or indicate the court's reasoning for acting pursuant to such authority under the facts of this case. It cannot be determined on appeal whether the Superior Court abused its discretion or erred in granting the motion to release the funds. Accordingly, this case is remanded to the Superior Court for the court to clarify the basis of its order.

Attachment: Open Document or Opinion