Case Caption: First American Development vs. WestLB AG, Et Al.Case Number: S. Ct. Civ. No. 2012-0023Date: 04/30/2012Author: Per CuriamCitation: Summary:

In considering appellant/plaintiff's request for a stay of execution, pending appeal, of a Judgment and Order for Foreclosure issued by the Superior Court on August 24, 2011, the Superior Court's certification thereof pursuant to Rule 54(b) of the Federal Rules of Civil Procedure is deemed to be valid, well-reasoned, and proper, and such certification permits the Supreme Court of the Virgin Islands to conclude that it is a final judgment within the meaning of 4 V.I.C. § 32, such that the Court has jurisdiction to consider the request. Regarding the merits of appellant/plaintiff's request, following the standard set by Rule 62 of the Federal Rules of Civil Procedure for the issuance of a stay of execution of a judgment, the balancing of the relevant factors favors the issuance of the requested stay, which is granted in this case, conditioned upon the filing of a bond as authorized by V.I.S.CT.R. 8(c).

Attachment: Open Document or Opinion