FOR PUBLICATION
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
FIRSTBANK PUERTO RICO,
Plaintiff,
v.
SEEMA JUDI NAGLEBERG, as EXECUTRIX
FOR THE ESTATE OF JENS-PETER KEMMLER
a/k/a JENS PETER KEMMLER; and
GOVERNMENT OF THE VIRGIN ISLANDS
BUREAU OF INTERNAL REVENUE,
Defendants.
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Civil No. 2008-06
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ATTORNEYS:
Raegan M. King, Esq.
St. Thomas, U.S.V.I.
For the plaintiff,
George M. Miller, Esq.
St. Thomas, U.S.V.I.
For Seema Judi Nagleberg, as Executrix for the Estate of
Jens-Peter Kemmler a/k/a Jens Peter Kemmler, 
George Hedley Phillips, Esq.
St. Thomas, U.S.V.I.
For the Government of the Virgin Islands Bureau of Internal
Revenue.
ORDER
GÓMEZ, C.J.
Before the Court is the motion of FirstBank Puerto Rico 
(“FirstBank”) for an award of attorneys’ fees and costs.
Case: 3:08-cv-00006-CVG-GWB   Document #: 37   Filed: 12/10/08   Page 1 of 3
FirstBank v. Nagleberg, et al.
Civil No. 2008-06
Order
Page 2
On January 14, 2008, FirstBank commenced this debt and
foreclosure action against defendants Seema Judi Nagleberg
(“Nagleberg”), as Executrix for the Estate of Jens-Peter Kemmler
a/k/a Jens Peter Kemmler, and the Government of the Virgin
Islands Bureau of Internal Revenue (the “IRB”).  On November 3,
2008, FirstBank moved for summary judgment against the
defendants.  On December 9, 2008, this Court denied FirstBank’s
motion for summary judgment. 
Virgin Islands law provides that “there shall be allowed to
the prevailing party in the judgment such sums as the court in
its discretion may fix by way of indemnity for his attorney’s
fees in maintaining the action or defenses thereto 
. . . .” V.I. CODE ANN. tit. 5, § 541(b) (1986) (emphasis added). 
Similarly, Local Rule of Civil Procedure 54.1 provides
Within thirty days after the entry of a final
judgment or a judgment allowing costs, the
prevailing party shall serve on the adverse party
and file with the Clerk of the Court a Bill of
Costs, together with a notice of motion when
application will be made to the Clerk to tax the
same.
LRCi 54.1 (Oct. 31, 2008) (emphasis added); see also 5 V.I.C. §
543.  
Thus, it is clear that an attorneys’ fees and costs may only
be awarded to the prevailing party in the litigation.  Here,
Case: 3:08-cv-00006-CVG-GWB   Document #: 37   Filed: 12/10/08   Page 2 of 3
FirstBank v. Nagleberg, et al.
Civil No. 2008-06
Order
Page 3
however, there has been no determination that FirstBank is the
prevailing party in this litigation.  Accordingly, it is hereby
ORDERED that FirstBank’s motion for attorneys’ fees and
costs is DENIED without prejudice.
  
S\                             
    CURTIS V. GÓMEZ
           Chief Judge
  
Case: 3:08-cv-00006-CVG-GWB   Document #: 37   Filed: 12/10/08   Page 3 of 3