IN THE SUPREME COURT OF THE VIRGIN ISLANDS OPINION OF ...

Browne v. GoreS. Ct. Civ. No. 2011-0012Opinion of the CourtPage 5 of 10completion of briefing, payment of docketing fees, request and payment of transcripts,” SUPER.CT. R. 322.1(i)(A), provided, however, that the “trial judge may, by order, waive the need forbriefs or excuse any party from filing briefs without adverse action if the issue presented forreview is an issue of law which has previously been determined by controlling law and for whichthere is no reasonable dispute, and the issues may be determined based on the case record.”SUPER. CT. R. 322.1(i)(B).Notwithstanding Rule 322, the Superior Court judge assigned to consider Browne’spetition issued a January 28, 2011 Opinion and Order adjudicating the merits of the matter, eventhough the parties had not submitted briefs, the Clerk of the Superior Court had not issued abriefing schedule, and the judge never notified the parties that the matter would be considered onthe record without briefs. See Browne v. Gore, 54 V.I. 195 (V.I. Super. Ct. 2011). Ultimately,the Superior Court judge held that the magistrate “properly retained jurisdiction over this matteras an FED proceeding,” and affirmed the July 22, 2010 Order. Id. at 209. Browne timely filedhis notice of appeal to this Court on February 11, 2011.II. DISCUSSIONA. Jurisdiction and Standard of ReviewWe have jurisdiction over this civil appeal pursuant to title 4, section 32(a) of the VirginIslands Code, which provides that “[t]he Supreme Court shall have jurisdiction over all appealsarising from final judgments, final decrees or final orders of the Superior Court, or as otherwiseprovided by law.” 4 V.I.C. § 32(a). “An order from the Superior Court affirming a magistrate’sfinal [judgment] in an FED action is a final order appealable to this Court under section 32(a).”Lehtonen v. Payne, S. Ct. Civ. No. 2011-0065, 2012 WL 3181348, at *2 (V.I. Aug. 1, 2012)(citing H&H Avionics, Inc. v. V.I. Port. Auth., 52 V.I. 458, 461-63 (V.I. 2009)).