2008 Unpublished Opinions News Summary

Tue, 19 Mar 2019 16:13:00 GMT

Appellants Lucan Corporation, Inc. doing business as Lucan's Gift Shop, Lucilla Posada and Rudolfo Posada (collectively "Appellants") challenge the Superior Court order dismissing their claim for failure to prosecute and the denial of their motion to reconsider the dismissal order. For the reasons stated below, we lack jurisdiction to consider the appeal of the order of dismissal. However, upon consideration of the denial of the motion to reconsider, we reverse and remand.

Tue, 19 Mar 2019 16:11:00 GMT

Ishmael S. Ibrahim ("Appellant") seeks an order from this court, reversing the trial court's denial of his motion for reconsideration of the trial court's previous order denying his petition writ of habeas corpus. In denying the motion for reconsideration, the trial court also ordered Appellant not to file, and the Clerk of the Superior Court not to accept from Appellant, further pleadings of motions in this case.

Tue, 19 Mar 2019 16:10:00 GMT

Terrencia Maduro ("Maduro") sued American Airlines, Inc. and Executive Services, Inc.. doing business as American Eagle (collectively "American"), alleging that American is liable for damages she incured when the airline bumped her from a flight. American denied Maduro's allegations ,and for several years after American served its answer, the parties conducted virtually no discovery. American eventually moved for summary judgement. The trial court granted American's motion, and Maduro filed this appeal. For the reasons which follow, we will affirm the trial court's grant of summary judgement in favor of American.

Tue, 19 Mar 2019 16:09:00 GMT

Appellant Demaris Ballantine Seales ("appellant" or "Seales") challenges the Superior Court's grant of summary judgment to Christopher M. Devine for breach of contract, malicious prosecution and damages. For the reasons stated below, the grant of summary judgment will be affirmed.

Tue, 19 Mar 2019 16:08:00 GMT

Appellant Elizabeth Pichardo (hereafter "Pichardo") challenges the Superior Court's refusal to consider her due process claims in its Order affirming the decision of the Department of Labor (hereafter "DOL") that Cool It, Inc. d/b/a/ Agave Terrace Restaurant(hereafter "Agave") did not violate the Wrongful Discharge Act (hereafter "WDA") in firing her. Pichardo asks this Court to find that her due process rights were violated by the DOL's nineteen month delay in holding a hearing and the additional twenty-three month delay in issuing its decision. For the reasons stated below, we find that the Superior Court correctly declined to address Pichardo's due process arguments on a writ of review. Therefore, we will affirm the decision of the Superior Court.

Tue, 19 Mar 2019 16:07:00 GMT

This matter came before the Court on appeal from a Superior Court order setting aside dismissal and entering judgment in favor of Appellee. In an Opinion entered on February 22, 2008, we reversed the Superior Court order and remanded the case to the trial court. Subsequently, counsel for Appellants submitted a "Bill of Costs" together with an Affidavit, requesting that we award him attorney's fees in this matter.

Tue, 19 Mar 2019 16:06:00 GMT

In the underlying action, Carmen Navarro ("Navarro") sued Susan Spencer ("Spencer") in the Small Claims Division of the Superior Court for damages to her vehicle as the result of a hit-and-run traffic accident on December 31, 2006. Spencer filed an answer to the complaint denying the allegations, but failed to appear at the scheduled March 20, 2007 trial. Consequently, the Superior Court entered judgment by default against her.1 On March 23, 2007, Spencer filed a motion to reconsider, and the court scheduled a hearing on the motion for April 24, 2007. At the hearing, the court heard testimony from both parties and two witnesses, and denied Spencer's motion for reconsideration. The court entered a written order denying the motion for reconsideration on May 11, 2007. On the same day, Spencer filed a motion for relief from judgment or, alternatively, for a new trial, which the court denied by order entered on May 23, 2007. Spencer timely filed the instant appeal on May 29, 2007, arguing that the trial court overlooked evidence and violated the collateral source rule. For the reasons which follow, we remand this matter to the Superior Court to make findings of fact.

Tue, 19 Mar 2019 16:05:00 GMT

This matter is before the Court on Petitioner's, The St. Croix and The St. Thomas Subcommittees of the Ethics and Grievance Committee of the U.S. Virgin Islands Bar Association (collectively "the Committee"), "Motion for Entry and Judgment by Default" and "Motion for the Appointment of an Attorney-Trustee for the Law Offices of Jacqueline A. Drew." For the following reasons, the petition will be granted.