Skip to Content
Judiciary of the US Virgin Islands
Supreme Court
Superior Court
Supreme Court
of the
Virgin Islands
A+
A-
{1}
##LOC[OK]##
Judicial Home
Superior Court
About Us
Justices
Chief Justice Rhys S. Hodge
Associate Justice Maria M. Cabret
Associate Justice Ive Arlington Swan
Associate Justice Harold W.L. Willocks
Hours and Locations
Holidays
Contact Us
Administration
Offices of the Court
Office of Bar Admissions
Overview
Committee of Bar Examiners
Regular Admissions
Special Admissions
Pro Hac Vice Admissions
Bar Schedule of Fees
Office of the Clerk
Promulgation and Administrative Orders
Self Help Guide
Fee Schedule
Forms
Contact Us
Office of Disciplinary Counsel
Members of Discipline Boards
Attorney Discipline
Judicial Discipline
Unauthorized Practice of Law
Attorney Registration
Contact Us
Rules
Opinions
Oral Arguments Calendar
Court Calendars
Archived Court Calendars
Current Court Calendars
November 2024 OA Calendar
Amended November 2024 OA Calendar
Judicial Home
Superior Court
About Us
Justices
Chief Justice Rhys S. Hodge
Associate Justice Maria M. Cabret
Associate Justice Ive Arlington Swan
Associate Justice Harold W.L. Willocks
Hours and Locations
Holidays
Contact Us
Administration
Offices of the Court
Office of Bar Admissions
Overview
Committee of Bar Examiners
Regular Admissions
Special Admissions
Pro Hac Vice Admissions
Bar Schedule of Fees
Office of the Clerk
Promulgation and Administrative Orders
Self Help Guide
Fee Schedule
Forms
Contact Us
Office of Disciplinary Counsel
Members of Discipline Boards
Attorney Discipline
Judicial Discipline
Unauthorized Practice of Law
Attorney Registration
Contact Us
Rules
Opinions
Oral Arguments Calendar
Court Calendars
Archived Court Calendars
Current Court Calendars
November 2024 OA Calendar
Amended November 2024 OA Calendar
MENU
Supreme Court of the US Virgin Islands
»
Court Opinions
»
Published Opinions
»
2018 Published Opinions
»
S. Ct. Crim. No. 2017-0068
A+
A-
S. Ct. Crim. No. 2017-0068
Sub Menu
Skip Sidebar Navigation
S. Ct. Crim. No. 2017-0068
S. Ct. Crim. No. 2017-0043
Last item for navigation
Case Caption:
Jahzeel Fenton v. People of the Virgin Islands
Case Number:
S. Ct. Crim. No. 2017-0068
Date:
11/16/2018
Author:
Hodge, Rhys S.
Citation:
Summary:
In a petition by judgment creditors to domesticate and enforce a New York judgment in the Virgin Islands, approved by the Superior Court, a motion for relief from judgment by the debtors was not the appropriate mechanism to obtain a refund of excess sums that over-satisfied the judgment. A party seeking a refund should instead commence a new action to recover the alleged excess amounts, and thus the Superior Court appropriately denied the debtors’ Rule 60(b) motion. Asserting a counterclaim to a recognized foreign judgment is also procedurally improper, except in those limited circumstances where the counterclaim attacks the validity of a judgment. Given the summary nature of the recognition of a foreign judgment under the Uniform Enforcement of Foreign Judgments Act, and the requirement of former Superior Court Rule 34 that a party file counterclaims in an answer, the Superior Court correctly struck the debtors’ counterclaim. The Superior Court’s orders denying the debtors’ motion to vacate the foreign judgment and striking their counterclaim are affirmed.
Attachment:
Open Document or Opinion