Supreme Court of the United States Virgin Islands
Supreme Court of the United States Virgin Islands

 
Know Your Court
Supreme Court of the Virgin Islands
Justices
Supreme Court of the Virgin Islands
Office of the Clerk
Supreme Court of the Virgin Islands
Administrative Services
Supreme Court of the Virgin Islands
Professional Regulation
Supreme Court of the Virgin Islands
Court Rules
Supreme Court of the Virgin Islands
Promulgation Orders
Supreme Court of the Virgin Islands
Opinions
Supreme Court of the Virgin Islands
Supreme Court of the Virgin IslandsPublished Opinions
Supreme Court of the Virgin Islands
Supreme Court of the Virgin IslandsUnpublished Opinions
Supreme Court of the Virgin Islands
Electronic Docket
Supreme Court of the Virgin Islands
Electronic Filing
Supreme Court of the Virgin Islands
Media Services
Supreme Court of the Virgin Islands
Supreme Court News
Supreme Court of the Virgin Islands
Fee Schedule
Supreme Court of the Virgin Islands
FAQ
Supreme Court of the Virgin Islands
Forms Download
Supreme Court of the Virgin Islands
Reference Links
Supreme Court of the Virgin Islands
Site Map
Supreme Court of the Virgin Islands
ADA
Supreme Court of the Virgin Islands
Login to E-Filing
Supreme Court of the Virgin Islands
Search Court Opinions
Supreme Court of the Virgin Islands
View Oral Arguement Videos
Opinions > Published Opinions
2019 Published Opinions   2018 Published Opinions   2017 Published Opinions   2016 Published Opinions   2015 Published Opinions   2014 Published Opinions   2013 Published Opinions   2012 Published Opinions   2011 Published Opinions   2010 Published Opinions   2009 Published Opinions   2008 Published Opinions   2007 Published Opinions   
2019 Published Opinions
You can search opinions by title, case number or any text contained within the opinion

January 11, 2019
S. Ct. Civ. No. 2017-0046
Chavez Ali v. Thishelle Hay
      Attempted appeal from the Superior Courtís denial of an emergency motion for return of children, treated by the parties and the Superior Court as an application for a temporary restraining order, and appeal from the imposition of a $150 sanction against counsel for tardiness on the second day of the hearing below, are both dismissed for lack of jurisdiction. Generally, temporary restraining orders are not appealable interlocutory orders, and in this case the order denying the TRO motion and continuing the custody petition in this case lacked the necessary indicia of finality for two reasons: (1) the subsequent visitation and custody orders were subject to change; and, (2) the opposing party was never served, nor did she appear at the TRO hearing. With respect to the Superior Courtís order sanctioning counsel $150 for tardiness, the notice of appeal in this case specifies one party (the client) as the party taking the appeal, and only references a single order. Thus, counsel never separately appealed the Superior Court order imposing a sanction against her. Instead, she merely included her argument in the appellate brief she submitted for her client. Raising arguments for a separate appeal of a nonparty for the first time in a partyís appellate brief is impermissible under Rule 4(b) of the Virgin Islands Rules of Appellate Procedure. In light of counselís failure to either file a separate appeal or join her appeal with the clientís appeal pursuant to Rule 4(c), she has not presented a proper appeal to consider and Ė because counsel failed to file a notice of appeal within 30 days of the date that the Superior Court entered the order issuing her sanction Ė she waived her right to appeal that ruling. V.I. R. APP. P. 5(a)(1). The appeal is therefore dismissed in its entirety.
      Download Opinion  (88 kb)
Return to Top
Supreme Court of the Virgin Islands Know Your Court Supreme Court of the Virgin Islands Justices Supreme Court of the Virgin Islands Office of the Clerk Supreme Court of the Virgin Islands Administrative Services Supreme Court of the Virgin Islands Professional Regulation Supreme Court of the Virgin Islands Court Rules Supreme Court of the Virgin Islands Promulgation Orders Supreme Court of the Virgin Islands Opinions Supreme Court of the Virgin Islands Electronic Docket Supreme Court of the Virgin Islands Electronic Filing Supreme Court of the Virgin Islands Media Services Supreme Court of the Virgin Islands Supreme Court News Supreme Court of the Virgin Islands Fee Schedule Supreme Court of the Virgin Islands FAQ Supreme Court of the Virgin Islands Forms Download Supreme Court of the Virgin Islands Reference Links Supreme Court of the Virgin Islands Site Map Supreme Court of the Virgin Islands ADA
 Website Tools News from Supreme Court of the Virgin Islands  Website Policy News from Supreme Court of the Virgin Islands Sign Me Up Sign up for email from Supreme Court of the Virgin Islands
Supreme Court of the Virgin Islands
Website created by Web Solutions Omaha
Supreme Court of the Virgin Islands
Supreme Court of the Virgin Islands
 
Supreme Court of the Virgin Islands