St. Thomas Cargo & Ship Services, Inc. v. Bonnie Braga

Summary

The Superior Court of the Virgin Islands, Appellate Division, reviewed St. Thomas Cargo & Ship Services, Inc.'s appeal from the denial of its motion to vacate a Small Claims default judgment. The court held that the appellant received legal notice, failed to act timely, and did not establish good cause or excusable neglect. The court affirmed the August 28, 2025 order denying relief from the June 26, 2025 default judgment.

Holdings

1. A motion by a party to a Small Claims proceeding seeking relief from a default judgment is timely when filed within sixty days after entry of the judgment. St. Thomas Cargo's August 25, 2025 motion was filed on the sixtieth day after entry of the June 26, 2025 default judgment.
2. St. Thomas Cargo failed to establish good cause or excusable neglect for its failure to appear at the Small Claims hearing or otherwise defend the action. The Magistrate Division therefore did not abuse its discretion by denying relief from the default judgment.
3. The Magistrate Division possessed subject matter jurisdiction over Braga's Small Claims action.
4. The default judgment was not shown to be void because St. Thomas Cargo received legal notice and did not establish a defect in service or personal jurisdiction.
5. Under Small Claims Rule 6(b), only a party may file a motion for relief from a Small Claims default judgment; counsel's filing after testimony has been taken does not operate as a notice of appearance requiring transfer to the general jurisdiction division.

Questions Presented

1. Whether St. Thomas Cargo's motion to set aside the Small Claims default judgment was timely under Virgin Islands Small Claims Rule 6(b).
2. Whether St. Thomas Cargo established good cause or excusable neglect warranting relief from the default judgment and a new trial on damages.
3. Whether the Magistrate Division had subject matter jurisdiction over Braga's Small Claims action.
4. Whether the appeal from the Magistrate Division's order was timely.

Disposition

affirmed