IN THE SUPERIOR COURT
OF THE VIRGIN ISLANDS

FILED

August 17, 2023 03:03 2M
5T-2023-CV-00254

TAMARA CHARLES IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS
CLERK OF THE COURT DIVISION OF ST. THOMAS & ST. JOHN
BOSHOW ANN KIRKLAND, )
) Civil No. ST-2023-CV-00254
Plaintiff, )
)
vs. ) ACTION FOR RESTITUTION
) AND DAMAGES
4-10 ESTATE BOTANY BAY, LLC, )
JOHN KIRKLAND, AND GUARD )
SECURITY SERVICES, LLC, )
) Cite as 

Defendants. )
)
NOT FOR PUBLICATION

MEMORANDUM OPINION AND ORDER

qi. THIS MATTER is before the Court upon Plaintiff’s motion for emergency ex parte
temporary restraining order and preliminary injunction which Plaintiff filed on August 13, 2023.
The next day, the Clerk of the Court issued a deficiency notice to Plaintiff informing her that she
has failed to pay the “$75.00 filing fee” and file “21 Day Summons.” On August 15, 2023, Plaintiff
paid the filing fee but has yet to file a summons on the docket as of the issuance of this Order.

q2. With respect to temporary restraining orders, Rule 65 (b)(1) of the Virgin Islands Rules of
Civil Procedure provides in pertinent part as follows:

(b) Temporary Restraining Order

(1) Jssuing Without Notice. The court shall consider and rule upon an application for
a temporary restraining order as soon as practicable, and may issue a temporary
restraining order without written or oral notice to the adverse party or its attorney only
if:

(A) specific facts in an affidavit or averified complaint clearly show that
immediate and irreparable injury, loss, or damage will result to the movant before the
adverse party can be heard in opposition; and

(B) the movant's attorney certifies in writing any efforts made to give notice and
the reasons why it should not be required.
Kirkland v. 4-10 Estate Botany Bay, LLC, et al Cite as 

Civil No. ST-2023-CV-00254

Memorandum Opinion- August 17, 2023

Page 2 of 3

Plaintiff has failed to comply with the requirements of V.I.R Civ. P. 65(b)(1)(A) and (B). Plaintiff’s
application for a temporary restraining order is not supported with an affidavit or verified
complaint. The purpose for either verification or affidavit attached to an application for injunctive
relief is to ensure that the Court has reliable and credible evidence before it when exercising its
discretion to grant a temporary restraining order — an extraordinary relief — without the benefit of
a full record and presentation by both parties. Here, Plaintiff failed to file any verification to
support her request for a temporary restraining order as required by Rule 65.

43. Additionally, Plaintiffs counsel has not submitted a certification stating the efforts that
have been made to give notice to Defendants of the pendency of this matter and it has not provided
the Court with any justification why notice should not be given to Defendants. It is well established
that a court may issue a temporary restraining order without advance notice to the non-moving
party. See, e.g., Turnbull v. Parker, ST-11-CV-429, 2011 VI. LEXIS 41, *5 (Super. Ct. July 20,
2011). However, an ex parte temporary restraining order may be appropriate only where the
moving party has provided compelling reasons or extra-ordinary circumstances why a temporary
restraining order should be issued without notice or notice is impossible because the identity of
the adverse party is unknown, or a known party cannot be located. Jd.; Canegata v. Schoenbaum,

, 

, *27 (Super. Ct. May 27, 2016).

44. There is nothing on the record that would suggest that Defendants cannot be found, that
they are evading service or their identities or unknown. In fact, the Plaintiff’s filings reveal that
the primary Defendant, John Kirland, is Plaintiff’s husband with whom she shares joint custody of
their two minor children and her children are the members and owners of Defendant 4-10 Estate

Botany Bay, LLC, which owns the property for which she seeks restitution. Since Plaintiff did not
Kirkland vy. 4-10 Estate Botany Bay, LLC, et al Cite as 

Civil No. ST-2023-CV-00254

Memorandum Opinion- August 17, 2023

Page 3 of 3

provide the Court with any written statement explaining the efforts she has taken to give notice to
Defendants or why notice to Defendants should not be required, she has not satisfied a basic
requirement for obtaining a temporary restraining order. As a result of Plaintiff’s failure to comply
with VLR Civ. P. 65(b)(1)(A) and (B), her motion for temporary restraining is defective.
Accordingly, it is hereby

ORDERED that Plaintiff’s Motion for Ex Parte Temporary Restraining Order is DENIED;
and it is further

ORDERED that Plaintiff shall notify the Court once it has served Defendants pursuant to
Rule 4 of the Virgin Islands Rules of Civil Procedure so that it may schedule a preliminary
injunction hearing.

Dated: August f7 , 2023 VLE Done, \ A

/ CAROL THOMMS-JACOBS

Judge of the OMpAS Court
ATTEST: of the Virgin Islands
TAMARA CHARLES
Clerk of the Court

bua Oy. Fe

Do D.D
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