It was not error to deny reconsideration of the judgment in an action to determine ownership interests in certain property purchased at a tax auction nearly 15 years earlier. The Superior Court may set aside a final judgment when presented with newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b). To prevail on a claim of newly discovered evidence the aggrieved party must show that the evidence was in existence at the time of trial but for some excusable reason the evidence was not discovered by or otherwise made known to the party. In this case evidence allegedly discovered after the final judgment-a letter, a decision in another case, and records of property taxes paid by a third party-could all have been discovered with reasonable diligence prior to the trial. Therefore, the Superior Court correctly denied a motion to set aside its September 29, 2015 judgment. The judgment is affirmed.
Supreme Court Of The Virgin Islands