Case Caption: Bressi v. Mosler et alCase Number: SCT-CIV-2023-0041Date: 06/08/2026Author: Form Field 40Hodge, Rhys S. Citation: 2026 VI 12Summary: Considering an appeal from a 2023 order of the Superior Court granting a motion for relief from judgment brought under rules 59(e), 60(a), and 60(b) of the Virgin Islands Rules of Civil Procedure that reinstated the underlying action for dissolution of a limited liability company and associated damages over six years after it was dismissed in 2016, the Court adopts a narrow exception to the final judgment rule, holding that where (1) the Superior Court grants a motion that is specifically enumerated in and subject to rule 5(a)(4) of the Virgin Islands Rules of Appellate Procedure, and (2) the adverse party appeals on the sole ground that the Superior Court had lost jurisdiction to grant such a motion because the 120-day “deemed denied” deadline in that rule had already expired, the Court will assume jurisdiction to determine whether the order granting the motion is indeed repugnant to rule 5(a)(4). Concluding that it has jurisdiction over the appeal in the instant case by virtue of this exception, the Court deems the 2023 order of the Superior Court to be repugnant to rule 5(a)(4), inasmuch as it was entered well after the 120-day period prescribed in that rule had expired, and the Superior Court had accordingly been divested of jurisdiction. As a result, the 2023 order is void. Appellees’ argument that rule 5(a)(4) did not apply to the 2023 order because it purportedly granted relief under rule 60(a) to correct a clerical mistake is rejected, because the relief it granted fell outside the proper scope of that rule. The Superior Court’s 2023 order is reversed and the 2016 dismissal is reinstated.Attachment: Open Document or Opinion