SUPERIOR COURT OF THE VIRGIN ISLANDS



DIVISION OF ST. THOMAS AND ST. JOHN



DALE FLEMING, )

)

Appellant, )

)

)

VS. ) CASE NO. ST-12-SM-495

)

DEARON G. FLEMING, )

)

Appellee. )

)

MEMORANDUM OPINION



Pending before the Court is Appellant’s petition challenging an Amended

Judgment issued on November 14, 2012, and an Order issued on November 15, 2012, by

the Magistrate’s Court. For the following reasons, Appellant’s petition will be dismissed.



FACTUAL AND PROCEDURAL HISTORY



The Magistrate’s Court issued an Amended Judgment in favor of Appellant in the

amount of $3,750.00, including a vehicle lien fee in the amount of $250.00 and post-

judgment interest. The Magistrate’s Court indicated that if Appellee failed to pay the

entire judgment, Appellant could file a praecipe for a writ of execution for the entire

amount without further order from the Court. In the November 15, 2012, Order, the

Magistrate’s Court denied Appellant’s motion to require Appellee to fix Appellant’s

vehicle noting that the Court awarded Appellant a lump sum in lieu of ordering that the

vehicle be fixed. On November 20, 2012, Appellant filed an appeal with the Supreme

Court of the Virgin Islands, which was dismissed on December 20, 2012, for lack of



jurisdiction. Appellant then filed in the Superior Court a motion for a debtor’s hearing on

+



Fleming v. Fleming



~ CASE NO. ST-12-SM-495

Memorandum Opinion, February 18, 2014

Page 2 of 2



January 2, 2013, a “motion to notify ... [of] the nature of this action” on February 20,

2013, and an appellate brief on April 24, 2013.

ANALYSIS



Pursuant to Superior Court Rule 322.1(b)(2)(A), a petition for review of a

magistrate’s final order or judgment “must be filed with the Clerk of Court [of the

Superior Court of the Virgin Islands] within ten (10) days after entry of the order sought

to be reviewed.” None of Appellant’s submissions comply with Superior Court Rule

322.1. Appellant’s November 20, 2012, submission was not filed with the proper court,

and his three submissions filed in 2013 were filed well beyond the ten day period

established in Rule 322.1. As result, Appellant’s petition will be dismissed with prejudice

for lack of jurisdiction.



An Order consistent with this Opinion shall follow.



o>



Dated: February, 2014 — =

HON. MICHAEL C. DUNSTON

JUDGE OF THE SUPERIOR COURT

OF THE VIRGIN ISLANDS



ATTEST: Estrella George



fia D. Don



2

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