Case Caption: Mohammed Suid v. Law Office of Karin A. Bentz, P.C., and Karin A. BentzCase Number: SCT-CIV-2020-0017Date: 09/09/2021Author: Hodge, Rhys S. Citation: 2021 VI 14Summary: In an appeal from denial of a motion for relief under Rule 60(b) of the Virgin Islands Rules of Civil Procedure in an action on various legal theories against a lawfirm and its principal attorney, in which arbitration was terminated for failure to proceed with that process, the Superior Court erred when it determined that the Rule 60(b) motion had become moot, since the relief plaintiff requested in that motion was not precluded simply because the defense unilaterally initiated a second arbitration proceeding. Moreover, the plaintiff possessed a right to have his complaint reinstated as a matter of law due to the defense failure to initiate mediation prior to pursuing arbitration of their dispute and her breach of the arbitration agreements through her failure to participate in the initial arbitration. Therefore, the January 30, 2020, order denying the Rule 60(b) motion is reversed, the October 26, 2018 order of the Superior Court is vacated, and it is ordered that the plaintiff’s complaint be reinstated on remand.Attachment: Open Document or Opinion