Case Caption: Joseph B. W. Arellano v. Carol Ann RichCase Number: S. Ct. Civ. No. 2012-0096Date: 10/07/2013Author: Per CuriamCitation: Summary:

On a "Petition for Rehearing Before the Full Court," which is construed as a motion for full panel review of an order issued by the Chief Justice dismissing this appeal for lack of jurisdiction, the application is denied. Even applying the standard that no special deference is accorded to a single justice's disposition, and that the full court exercises its own judgment, the movant has not met his burden. Under 4 V.I.C. § 33(b)(1) the Court has jurisdiction over appeals of interlocutory orders of the Superior Court of the Virgin Islands involving injunctions, but the statute clearly requires that there be an "order[]." This requirement is echoed in V.I.S.CT.R. 4(c) requiring that every notice of appeal "designate the judgment [or] order" appealed from. In this case, the Superior Court neither granted nor denied the pertinent motions, and thus there is nothing for on appeal. For these reasons, the motion for full panel review is denied.

Attachment: Open Document or Opinion