Legal Opinion · Concurring in part, dissenting in part

Simpson v. Golden

Supreme Court of The Virgin Islands

Decided February 9, 2012No. S. Ct. Civ. No. 2010-0011Published

1Concurring in part, dissenting in partHodge, Chief Justice

Although I agree with the majority’s conclusion that Simpson should have appealed the Superior Court’s April 19, 2005 and July 7, 2005 Orders to the Appellate Division of the District Court, I write separately because I believe Simpson sufficiently preserved his challenge to the Superior Court’s January 27, 2010 Judgment.

I. WAIVER

While virtually all of Simpson’s appellate brief discusses the correctness of the dismissal of his claim for lack of subject matter jurisdiction, he does expressly state that the April 19, 2005 Order “was well reasoned in [Simpson]’s favor” and “ruled in favor of…

2Cases cited10 opinions

John William Brown v. Gerald Frey, Larry Trickey, Ron Kennedy, John Bain, J. Shanklin, Walter Fisher, Christie Lynch and Bernice TrickeyCourt of Appeals for the Eighth Circuit · 1987
Cheryl Reynolds v. Beneficial National Bank, Appeals of Belinda PetersonCourt of Appeals for the Seventh Circuit · 2002
Naji Antoine Tokatly v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
Cromeens, Holloman, Sibert, Inc. v. AB VolvoCourt of Appeals for the Seventh Circuit · 2003
Estate of Hevia v. Portrio Corp.Court of Appeals for the First Circuit · 2010

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