Fuller v. Browne
Supreme Court of The Virgin Islands
1Opinion of the Court
OPINION OF THE COURT
(October 24, 2013)
Hodge, Chief Justice.
Appellant Scott Fuller appeals from a March 26, 2013 Order entered by the Appellate Division of the Superior Court, which denied his motion to set aside its earlier September 6, 2011 Order dismissing for failure to prosecute, his appeal of the Magistrate Division’s April 18, 2011 Default Judgment. For the reasons that follow, we reverse the March 26, 2013 Order, vacate the September 6, 2011 Order, and *950remand the case to the Appellate Division so that it may consider Fuller’s appeal on the merits.
I. FACTUAL AND PROCEDURAL BACKGROUND
On…
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