Legal Opinion
Dubery v. Dubery
Supreme Court of The Virgin Islands
Decided October 24, 1988No. Family No. D143/1986PublishedCited by 3 opinions
1Opinion of the CourtEltman, Judge
MEMORANDUM OPINION
The defendant seeks to set aside a divorce decree to the extent that it incorporates a stipulated property settlement. At issue is whether the principles of res judicata, collateral estoppel or parol evidence preclude an evidentiary hearing to determine the intent of the parties in negotiating the agreement as to disposition of the homestead. For the reasons which follow, decision on the motion to set aside the property settlement is deferred, pending an evidentiary hearing on the intent of the parties as to the property settlement agreement.
FACTS
The parties were married on…
2Cases cited16 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Samuel A. Haize, D/B/A "Marlene Store" v. Hanover Insurance Co. And Caribbean Atlantic InsuranceCourt of Appeals for the Third Circuit · 1976
- United States v. Theodore Duane McKinneyCourt of Appeals for the Fifth Circuit · 1985
- Keithley Edwards v. Born, Inc. Appeal of Keithley Edwards and Edith EdwardsCourt of Appeals for the Third Circuit · 1986
- Green v. John H. Lewis & Co.Court of Appeals for the Third Circuit · 1970
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3Cited by3 opinions
- Government Guarantee Fund of the Republic of Finland v. Hyatt Corp.District Court, Virgin Islands · 1997
- Stewart v. Virgin Islands Board of Land Use AppealsSupreme Court of The Virgin Islands · 2017
- Inniss v. InnissSupreme Court of The Virgin Islands · 2016