V.I. HOUSING FINANCE AUTHORITY v. SMITH

T. Ct. No. 857/1989. D.Ct.Misc. No. 16/1991.

762 F.Supp. 661 (1991)

VIRGIN ISLANDS HOUSING FINANCE AUTHORITY, Petitioner/Defendant, v. Viola E. SMITH, Leon Kendall, Apex Construction Co., Inc., Respondents.

District Court Virgin Islands, D. St. Thomas and St. John, Appellate Division.

April 15, 1991.


Attorney(s) appearing for the Case

Stafford A. Hilaire, St. Thomas, U.S.V.I., for petitioner.

Brenda J. Hollar, St. Thomas, U.S.V.I., for respondents Kendall and Smith.


OPINION

BROTMAN, Acting Chief Judge, Sitting by Designation:

This matter comes before the Appellate Division of the court on a petition for a writ of mandamus ordering the Clerk of the Territorial Court, Viola Smith, to comply with Rule 3(d), Fed.R.App.Pro., and transmit the necessary documents to this court for purposes of considering petitioner's appeal. For the following reasons, the writ will be granted.

FACTS AND PROCEDURAL BACKGROUND

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