DocketNumber: D. Ct. Civ. No. 132-95; Terr. Ct. Civ. No. 619-1994 (St. X)
Citation Numbers: 34 V.I. 153, 924 F. Supp. 46
Judges: Moore
Filed Date: 4/25/1996
Status: Precedential
Modified Date: 1/13/2023
MEMORANDUM
PER CURIAM
This matter is before the Court upon petition by Robert and
The Skinners filed a Verified Complaint in the Territorial Court on August 1, 1994 (alleging fraud, misrepresentation, breach of covenants of title, breach of contract, specific performance, and damages).
Petitioners filed this mandamus petition on August 1, 1995, and the General Counsel for the Territorial Court, on behalf of Judge Swan, on August 11, 1995, filed a motion to dismiss the petition for lack of subject matter jurisdiction. This Court took the matter under advisement on September 22, 1995.
We first discuss the strict requirements for issuing a writ of mandamus over a lower court judge where judicial discretion is involved. Finding no abuse of discretion or cognizable error, we dismiss the petition.
The Writ of Mandamus — Requirements
We have earlier ruled that the Appellate Division has undoubted power and jurisdiction under 4 V.I.C. § 34 to hear and determine petitions, "issue writs . . . and make mandatory orders and all other orders necessary or appropriate in aid of its . . . appellate jurisdiction" over the judges of the Territorial Court. Dawsey v. Government of the Virgin Islands, 903 F. Supp. 878, 880 (D.V.I. App. Nov. 13, 1995). The Supreme Court has summarized the remedy of the writ:
The remedy of mandamus is a drastic one, to be invoked only in extraordinary situations. As we have observed, the writ "has traditionally been used in the federal courts only 'to confine an inferior court to a lawful exercise of its prescribed jurisdiction or to compel it to exercise its authority when it is its duty to do so.'" And, while we have not limited the use of mandamus by an unduly narrow and technical understanding of what constitutes a matter of*156 "jurisdiction," the fact still remains that "only exceptional circumstances amounting to a judicial 'usurpation of power' will justify the invocation of this extraordinary remedy."
Kerr v. United States, 426 U.S. 394, 402 (1976) (citations omitted). One of the consistent prerequisites for granting this most discretionary of writs is a showing by the petitioner that the lower court has committed a "clear abuse of discretion." Mallard v. United States District Court, 490 U.S. 296, 309 (1989); accord United States v. Wexler, 31 F.3d 117, 128 (3d Cir. 1994) (citations omitted).
Application of the Requirements
We start from the premise that the Territorial Court is not cloaked with unbridled discretion to delay an ordinary civil action simply due to a congested docket or because the case is not assigned a high priority requiring quick resolution, such as a criminal prosecution or an action seeking emergency relief. Pressures of a heavy docket may not be used as an excuse to stall justice and deny ordinary civil litigants the right of reasonable access to the courts. Applying this basic precept to the relatively short history of this case, we nevertheless cannot find that there has been unreasonable delay by Judge Swan in the handling of this particular matter. Although the Skinners filed their motion to dismiss more than a year ago, both parties continued actively to file pleadings contesting the issues raised in the motion. For example, the Skinners filed a pleading as recently as eight months before they filed this petition for extraordinary relief.
The Skinners simply have not met their burden of showing that the nominal respondent has abused his discretion in the handling of their case. The Skinners' action in this particular instance is premature based on our finding that the Territorial Court Judge's handling of this particular case has not unreasonably delayed petitioners' clear and indisputable right of access to the courts.
Dated this 25th day of April 1996.
AND NOW, this 25th day of April, 1996, having considered the submissions of the parties; and for the reasons set forth in the Court's accompanying Memorandum of even date;
IT IS ORDERED:
THAT the motion to dismiss is DENIED, and
THAT the petition for writ of mandamus is DENIED without prejudice.
The Skinners also based their petition on the ground that Judge Swan had not acted on their motion to place funds into an interest bearing account. This issue has since been resolved. The funds were ordered placed in such an account on August 1, 1995.
We deny the motion to dismiss the petition for lack of subject matter jurisdiction on the basis of our ruling in Dawsey v. Government of the Virgin Islands, V.I. BBS 95C1129A.DT2, slip op. at 4-5 (D.V.I. App. Nov. 13, 1995).
Although the complaint in this case was filed in the St. Croix Division of the Territorial Court, it was transferred on August 18, 1994 to the St. Thomas division and assigned to Judge Ive A. Swan in accordance with the practice of the court that, where local attorneys are the litigants, the case is assigned to a judge before whom they do not routinely appear.
The Opposition consisted of a forty-seven page Memorandum, not including exhibits. In between filing of the Motion and Opposition, various other motions were filed.
Joseph filed his opposition to the petition on August 22, 1995, mainly arguing that the Skinners' are actually petitioning this Court to rule in their favor. Additional supportive filings have been docketed.
Other than the claim of delay, the Skinners do not suggest that the Territorial Court Judge has acted arbitrarily or improperly in handling their claim.