2009 Unpublished Opinions News Summary

Tue, 19 Mar 2019 15:54:00 GMT

THIS MATTER came before the Court on appeal from a Superior Court order granting a motion for summary judgment brought by Appellee. In an Opinion entered on July 10, 2008, we vacated the order appealed from and remanded to the trial court to reinstate this matter on the trial calendar. On July 24, 2008, Appellant filed with this Court a Motion for an Award of Costs and Fees, accompanied by an affidavit of Appellant's counsel. In her motion, Appellant requests that we award $16,547.18 in attorney's fees and costs incurred as a result of her appeal, pursuant to Supreme Court Rule 30 and title 5, section 541 of the Virgin Islands Code. Appellee filed its objection on August 5, 2008, and Appellant replied on August 20, 2008.

Tue, 19 Mar 2019 15:53:00 GMT

This matter is before the Court on the December 4, 2008 Emergency Petition for Stay Pending Appeal filed by Rodney E. Miller, Sr., (hereafter "Miller") and the December 5, 2008 Emergency Petition for Stay of Order Pending Appeal filed by Attorneys William J. Glore(hereafter "Glore") and Charles J. Grant (hereafter "Grant").1 Petitioners seek a stay of the Superior Court's November 26, 2008 order holding Petitioner Miller in civil contempt and requiring him and his attorneys to pay a combined $1.1 million into the court's registry by December 9 and December 10, 2008 respectively. As required by Supreme Court Rule 8(b), Petitioner Miller filed a stay pending appeal with the Superior Court on December 1, 2008, and Petitioners Glore and Grant also requested a stay from the trial court by a joint motion dated December 3, 2008. In a December 8, 2008 order, this Court granted Petitioners a partial, temporary stay of the Superior Court's November 26, 2008 order until such time as we ruled upon Petitioners' respective emergency petitions. In an order entered on December 9, 2008, the Superior Court denied Petitioners' request for a stay pending appeal.2 The Respondent, the People of the Virgin Islands (hereafter "People") submitted an opposition to Petitioners' motions on December 9, 2008, and a supplemental opposition on December 10, 2008, and Petitioners Glore and Grant filed a reply on December 22, 2008.

Tue, 19 Mar 2019 15:51:00 GMT

THIS MATTER comes before the Court as a result of Appellant Eileen Harvey's (hereafter "Harvey") appeal from a September 18, 2007 Superior Court order that, according to Harvey, denied both her motion to reopen case and her motion for reconsideration. The parties timely filed their respective briefs, and this Court heard the parties' oral arguments on October 24, 2008. For the following reasons, we will hold the instant appeal in abeyance and remand to the Superior Court for further proceedings.

Tue, 19 Mar 2019 15:50:00 GMT

THIS MATTER originally came before the Court on appeal from an order of the Superior Court dated August 1, 2008. On August 27, 2008, A. Jeffrey Weiss d/b/a A.J. Weiss & Associates ("Appellant"), who represented the plaintiffs at the trial level, filed a notice of appeal purporting to appear as the sole appellant in this matter.1 Essentially, Appellant's notice of appeal challenges the trial judge's decision to decrease the contractually agreed upon contingency fee award while ruling upon his clients' Petition for Approval of Settlement on Behalf of Minor Children.

Tue, 19 Mar 2019 15:49:00 GMT

This matter is before the Court due to a motion for full panel review1 counsel for Dawn Prosser ("Prosser") filed with this Court on January 26, 2009. In her motion, Prosser requests that this Court reconsider its January 22, 2009 order granting pro hac vice admission to Duston K. McFaul ("McFaul"), a Texas attorney who is co-counsel for the plaintiff in the underlying Superior Court action in which Prosser is the defendant.2

Tue, 19 Mar 2019 15:47:00 GMT

Tue, 19 Mar 2019 15:46:00 GMT

Leslie L. Payton (hereafter "Payton") requests that this Court exercise its equitable powers to grant him regular admission to Virgin Islands Bar or, in the alternative, allow him to only take and pass the Multistate Professional Responsibility Exam (hereafter "MPRE") and the character and fitness review as a condition for admission. For the following reasons, we shall grant in part and deny in part Payton's motion.

Tue, 19 Mar 2019 15:42:00 GMT

This matter comes before the Court as a result of an appeal brought by the People of the Virgin Islands (hereafter "People") of the Superior Court's December 3, 2007 Order granting a petition for writ of habeas corpus filed by Appellee Clemento Monsanto (hereafter "Monsanto"), vacating his conviction, and releasing him from custody. For the following reasons, we will reverse the trial court's order.