Legal Opinion · Concurring in part, dissenting in part

Bryan v. Fawkes

Supreme Court of The Virgin Islands

Decided October 24, 2014No. S. Ct. Civil No. 2014-0066Published

1Concurring in part, dissenting in partCabret, Associate Justice

I join the majority opinion in full except for the section addressing the enforcement of this Court’s and the Superior Court’s orders. The majority presents the specific performance of these orders as the only result it can reach, framing this issue only in terms of Bryan’s right to have those orders enforced. But whether a court will require specific performance of its orders in a contempt proceeding is ultimately a matter of discretion. See Delaware Valley Citizens’ Council for Clean Air v. Com. of Pa., 678 F.2d 470, 478 (3d Cir. 1982) (a court has “wide discretion in fashioning a remedy”…

2Cases cited8 opinions

  1. Reynolds v. SimsSupreme Court of the United States · 1964
  2. Williams v. RhodesSupreme Court of the United States · 1968
  3. Purcell v. GonzalezSupreme Court of the United States · 2006
  4. In re PeopleSupreme Court of The Virgin Islands · 2009
  5. Liddy v. LamoneCourt of Appeals of Maryland · 2007

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