IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS

DIVISION OF ST. THOMAS AND ST. JOHN



ST. THOMAS TAXI ASSOCIATION INC. ,)

)

Plaintiff, ) ST-09-SM-24

VS. ) Action for Debt

RONALD OLIVACCE »)

Defendant, »)

ST. THOMAS TAXI ASSOCIATION INC. )

)

Plaintiff, ) ST-09-SM-25

vs. ) Action for Debt

NILSA SERRANO )

Defendant, )

ST. THOMAS TAXI ASSOCIATION INC. »)

)

Plaintiff, ) ST-09-SM-26

VS. ) Action for Debt

JOSE LUIS TAVARES )

Defendant, )

ST. THOMAS TAXI ASSOCIATION INC. )

)

Plaintiff, ) ST-09-SM-28

VS. ) Action for Debt

MARION VOLCY )

Defendant, )

ST. THOMAS TAXI ASSOCIATION INC. )

)

Plaintiff, ) ST-09-SM-30

VS. ) Action for Debt

BERNADETTE OTTLEY )

Defendant, )



AMENDED MEMORANDUM OPINION AND ORDER

On January 14, 2009, the Plaintiff, St. Thomas Taxi Association (the “Association”),

filed a Small Claims complaint for recovery of personal property against Defendants, Marian

Volcy (“Volcy”), Ronald Olivacce (“Olivacce”), and Jose Luis Tavares’ (“Tavares”). The



complaints specifically requested return of—l. Radio: with the privileges to use the radio



' In its Memorandum Opinion and Order dated November 4, 2009, the Court inadvertently neglected to address

Defendant Tavares’ letter. Therefore, said letter, which will be treated as a Motion, has been included and addressed

in the instant Amended Memorandum Opinion and Order.

St. Thomas Taxi Association vs. Ronald Olivacce

Case No. ST-09-SM-24



St. Thomas Taxi Association vs. Jose Luis Tavares

Case No. ST-09-SM-26



St. Thomas Taxi Association vs. Marion Volcy

Case No. ST-09-SM-28



Order Page 2 of 3



frequency and 2. Taxi light for roof to identify vehicle as a St. Thomas Taxi Association cab. At

the September 29, 2009 trial the Association argued that the Defendants’ memberships had been

terminated and, as a consequence, they were no longer entitled to possession of the property.

The Defendants asserted that they were still members because the Association had not properly

terminated their memberships. Based on the testimony and the evidence, the Court concluded

that the Association had not followed its own By-laws when it terminated the Defendants as

members of the Association and entered an Order dismissing the Plaintiff's complaint with

prejudice on September 29, 2009.



By separate letters dated October 15, 2009, Defendants, Volcy, Olivacce, and Tavares,

asked that the Court amend its Order, dated September 29, 2009, to specifically provide

reinstatement to membership in the Association. The Court will treat the letters of Defendants as

motions to amend the Order to provide the affirmative relief requested by each of them.



Superior Court Rule 62 provides that the defendant in a small claims action is not

required to file a written answer, plea or other defense in writing, except if the defendant asserts

a set-off or counterclaim in which case submission of written plea is at the discretion of the

Court. During the trial, none of the three above-mentioned Defendants asked for reinstatement

in the Association or a determination that they were still bona fide members. All! three are now

asking the Court to convert its finding into an affirmative determination of reinstatement. This

Court is not inclined to take this step. While this Court has discretion to allow a defendant to

assert a counterclaim, it will not extend that discretion to encompass a counterclaim made after



the conclusion of the trial on the merits.

St. Thomas Taxi Association vs. Ronald Olivacce

Case No. ST-09-SM-24



St. Thomas Taxi Association vs. Jose Luis Tavares

Case No. ST-09-SM-26



St. Thomas Taxi Association vs. Marion Volcy

Case No. ST-09-SM-28



Order Page 3 of 3



Furthermore, the Court’s September 29, 2009 Order did no more than terminate the

Association’s action against the Defendants. Therefore, any claim the Defendants had or may

have to reinstatement must be the subject of a separate proceeding or action.



Accordingly, it is hereby



ORDERED that the requests of Defendants, Volcy, Olivacce, and Tavares to amend the

Order dismissing the Association’s complaint so that it affirmatively states that they are

reinstated as members of the Association are DENIED.



Dated: November VA 2009 /fliBo

Cay D. SMITH



Magistrate Ga the Superior Court

of the Virgin Islands



ATTEST:



Court Clér Supervisor TILL! OG