Gautier v. Gonzales-Latimer

MEMORANDUM OPINION AND ORDER

This matter comes before the Court on remand by the U.S. District Court of the Virgin Islands, Appellate Division, for the entry of findings of fact so as to rebut the presumption of undue influence. The plaintiffs here, appellants above, have used the Appellate Division’s remand to request a “Limited New Trial”. Because there is ample evidence of record, a “Limited New Trial” is not necessary, and the plaintiffs’ motion will, therefore, be denied. The Court articulates below the evidentiary standard used in rebutting the presumption of undue influence.

FACTS AND…