Legal Opinion

Deal Furniture & Appliance, Inc. v. Four Winds Plaza Partnership

District Court, Virgin Islands

Decided April 2, 1997No. D.C. Civ. App. No. 96-68; Terr. Ct. Civ. No. 353-1995PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam 1

In this appeal, appellants challenge the Territorial Court's denial of their motion to vacate default judgment entered against them. For the reasons cited below, we find that the Territorial Court erred when it failed to properly consider whether appellants' defense was meritorious against the breach of contract claim. We also find that the trial court's failure to rule on the requisite factors before denying the motion to vacate the default constituted an abuse of discretion. This Court will therefore vacate the Territorial Court's Order dated March 12, 1996.

FACTS

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Also in this document: Per curiam 2.

3Cases cited6 opinions

  1. United States v. $55,518.05 in U.S. Currency. Appeal of Gary GoldenCourt of Appeals for the Third Circuit · 1984
  2. Tozer v. Charles A. Krause Milling Co.Court of Appeals for the Third Circuit · 1951
  3. Harad, Charles A. And the Home Insurance Company v. The Aetna Casualty and Surety Company, and Catania, Francis JCourt of Appeals for the Third Circuit · 1988
  4. Eli L. Medunic and Dolores M. Medunic v. Louis W. LedererCourt of Appeals for the Third Circuit · 1976
  5. Skinner v. GuessDistrict Court, Virgin Islands · 1992

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4Cited by4 opinions

  1. Toussaint v. StewartSupreme Court of The Virgin Islands · 2017
  2. RR Caribbean, Inc. v. Dredge "Jumby Bay"District Court, Virgin Islands · 2001
  3. In re Catalyst Third-Party LitigationSuperior Court of The Virgin Islands · 2015
  4. St. Thomas Cargo & Ship Services, Inc. v. Bonnie BragaSuperior Court of The Virgin Islands · 2025

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