Case Caption: Erbey Holding Corporation et al v. Black Rock Financial Management, Inc. et alCase Number: SCT-CIV-2024-0003Date: 12/18/2025Author: Hodge, Rhys S. Citation: 2025 VI 25Summary: In an appeal from a November 2024 order of the Superior Court dismissing the petitioner’s internal appeal from a July 2024 order of the Magistrate Division that dismissed the petitioner’s verified petition for probate of the estate of her sister, who died testate, the Superior Court erred in characterizing the internal appeal as unripe, since the Magistrate Division ordered the underlying probate case closed and—in any event—petitioner chose to stand by her petition largely as filed. Moreover, the Magistrate Division erred both in dismissing the probate petition for failure to prosecute without identifying or weighing the factors described in Halliday v. Footlocker Specialty, Inc., 53 V.I. 505 (V.I. 2010), and in directing the petitioner to supplement her petition with various documents unsupported by probate law. Accordingly, the Superior Court’s November 6, 2024 order dismissing petitioner’s internal appeal is reversed, the Magistrate Division’s July 30, 2024 dismissal order is vacated, and this case is remanded to the Magistrate Division to continue to oversee administration of the decedent’s estate pursuant to the petition.Attachment: Open Document or Opinion