Case Caption: H & H Avionics, Inc., (Appellant/Defendant,) vs. Virgin Islands Port Authority (Appellee/Plaintiff.)Case Number: S. Ct. Civ. No. 2009-096Date: 12/14/2009Author: Per CuriamCitation: Summary:

The Supreme Court holds that, with the exception of civil matters in which the parties and the Presiding Judge have consented to a magistrate conducting all proceedings, orders entered by magistrates that have not been appealed to and reviewed by a Superior Court judge do not constitute final orders that a litigant may directly appeal to the Supreme Court. Moreover, the Court declines to convert the appellant's attempted appeal of a magistrate's decision as a petition for writ of mandamus because, although the Superior Court has not promulgated rules expressly explaining how a litigant may seek review of a magistrate's order with a Superior Court judge, Federal Rule of Civil Procedure 72 and Local Rules of Civil Procedure 72.2 and 72.3-applicable to the Superior Court through Superior Court Rule 7-provide the procedure through which a litigant may object to a magistrate's decision.

Attachment: Open Document or Opinion