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Firstbank v. Harthman
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Firstbank v. Harthman
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Firstbank v. Harthman
S. Ct. Crim. No. 2017-0043
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Case Caption:
Firstbank v. Harthman
Case Number:
SCT-Civ-2021-0026
Date:
08/29/2025
Author:
Cabret, Maria M.
Citation:
2025 VI 18
Summary:
In a dispute concerning a commercial lease in which the appellant seeks reversal of (1) the Superior Court’s denial of its Rule 59 motion for a new trial and to amend the judgment; (2) the Superior Court's grant of possession of certain disputed land parcels to the appellee; and (3) the Superior Court’s order granting the appellee’s motion in limine to present evidence on damages, and in which the appellee filed a cross-appeal arguing that the Superior Court erred in finding that a particular disputed parcel (designated 17-E) was not added to the parties’ lease, the Superior Court’s July 19, 2019 order granting the appellee’s motion in limine to present evidence of damages relating to all parcels is affirmed because the appellee’s counterclaim was sufficiently broad to satisfy the Virgin Islands’ liberal pleading standard. It is further held that the appellant’s remaining arguments on the possession of the parcels and its Rule 50 motion are waived because appellant failed to fully brief these issues with citation to supporting legal authority and argument. The Superior Court’s November 2, 2021, opinion and order denying appellant’s Rule 59 motion is reversed because Parcel 17-E was never added to the lease and appellant only incurred the duty to cure certain defaults under the terms of the lease. The case is remanded to the Superior Court to amend the judgment to recalculate the damages award and exclude the jury’s erroneous damages award for Parcel 17-E.
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