Case Caption: Hillary Toussaint v. Augustine StewartCase Number: S. Ct. Civ. No. 2016-0031Date: 08/29/2017Author: Hodge, Rhys S. Citation: Summary: Considering a defendant’s appeal from a judgment of the Superior Court of the Virgin Islands along with its accompanying order and findings of fact and conclusions of law dismissing his amended answer and counterclaim, as well as an interim order denying his motion to enforce a mediated settlement agreement, the Superior Court struck the amended answer and counterclaim and excluded of evidence of defendant’s equitable estate in the real property at issue upon an incorrect legal interpretation. Because allowing the amendment would not have prejudiced the plaintiff and would not have significantly disrupted the trial proceedings, the trial court abused its discretion when it struck the amended answer and counterclaim and precluded the defendant from presenting evidence of his interest in that property. The trial court likewise abused its discretion when it decided the motion to enforce the mediated settlement agreement without conducting the analysis of the pertinent legal principles required by Banks v. Int'l Rental & Leasing Corp., 55 V.I. 967, 981–84 (V.I. 2011) prior to determining the merits of the motion. Accordingly, the October 30, 2013 order denying defendant’s motion to enforce the mediated settlement agreement and the May 24, 2016 order granting plaintiff’s motion to dismiss the defendant’s amended answer and counterclaim and the associated findings of fact and conclusions of law, as well as the judgment premised thereon, are reversed and vacated. The matter is remanded to the trial court for proceedings consistent with this opinion.Attachment: Open Document or Opinion