IN THE SUPREME COURT OF THE VIRGIN ISLANDS 
 
 
 
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S. Ct. Civ. No. 2010-0054 
Re: Super. Ct. Civ. No. 214/2007 (STT) 
 
 
PATRICK ANTHONY,  
          Appellant/Defendant, 
 
 
v. 
 
 
FIRSTBANK VIRGIN ISLANDS, 
          Appellee/Plaintiff. 
 
 
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On Appeal from the Superior Court of the Virgin Islands 
 
ERRATA ORDER 
 
 
PURSUANT to the Order denying the Petition for Rehearing of Appellee FirstBank 
Virgin Islands entered on June 21, 2013, it is hereby  
ORDERED that the Opinion of the Court entered January 17, 2013 be corrected as 
follows:  
On page 10, by deleting the text of footnote 11 and replacing it as follows: 
FVI argues on appeal that the 1098 Form was not previously produced in 
discovery and was not correctly authenticated before the Superior Court, and 
therefore we should disregard it.  However, FVI never raised the authentication 
argument in the Superior Court, even though Rule 56 expressly permits a party to 
object that the evidence identified could not be presented in an admissible form at 
trial. See FED. R. CIV. P. 56(c)(2).  Arguments not raised to the trial court are 
waived on appeal. See V.I. Port Auth. v. Joseph, 49 V.I. 424, 428 (V.I. 2008).  
While FVI did argue in the Superior Court that Anthony failed to produce the 
1098 Form in discovery, FVI only referenced that argument in its brief to this 
Court in a perfunctory manner without argument or citation to legal authority.  
Accordingly, that argument is also waived.  See Bernhardt v. Bernhardt, 51 V.I. 
341, 346 (V.I. 2009) (“‘[I]ssues averted to in a perfunctory manner, 
unaccompanied by some effort at developed argumentation, are deemed waived 
Anthony v. FirstBank V.I. 
S. Ct. Civ. No. 2010-0054 
Errata Order 
Page 2 of 2 
for purposes of appeal.’” (quoting Grella v. Salem Five Cent Sav. Bank, 42 F.3d 
26, 36 (1st Cir. 1994)).  
 
It is further ORDERED that copies of this Order be directed to the appropriate parties. 
 
 
SO ORDERED this 21 day of June, 2013. 
 
 
 
 
 
 
 
 
FOR THE COURT: 
 
 
 
 
 
 
 
 
/s/ Maria M. Cabret 
 
 
 
 
 
 
 
MARIA M. CABRET 
 
 
 
 
 
 
 
ASSOCIATE JUSTICE 
ATTEST:  
 
 
 
 
 
 
 
VERONICA J. HANDY, ESQ. 
Clerk of the Court