First American Development Group Carib, LLC v. WestLB AG – Case Brief Summary (Virgin Islands)

In First American Development Group Carib, LLC v. WestLB AG, 55 V.I. 594, 601 (V.I. 2011) the Court recognized that the thirty day time limitation found in section 33(d)(5) is jurisdictional. ("When the time to appeal or seek review is established by statute, timeliness is a jurisdictional issue, therefore, a petition filed out of time deprives the court of jurisdiction to entertain the appeal." (quoting Pichardo v. Comm'r of Labor, 49 V.I. 447, 450 (V.I. 2008))).

Thus, failure to file a notice of appeal within thirty days of a Superior Court decision, judgment, or order dismissing a count of an information deprives this Court of jurisdiction to entertain a subsequent appeal. Id.