Cianci v. Chaput

64 V.I. 682, 2016 V.I. Supreme LEXIS 24
CourtSupreme Court of The Virgin Islands
DecidedJune 16, 2016
DocketS. Ct. Civil Nos. 2014-0033, 2014-0034
StatusPublished
Cited by11 cases

This text of 64 V.I. 682 (Cianci v. Chaput) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cianci v. Chaput, 64 V.I. 682, 2016 V.I. Supreme LEXIS 24 (virginislands 2016).

Opinion

OPINION OF THE COURT

(June 16, 2016)

HODGE, Chief Justice.

John Cianci and Thomas Chaput (collectively referred to as “sons”), initiated a petition for guardianship and conservatorship over their father, Robert Chaput, on October 9, 2012. During the pendency of that proceeding —■ after the Superior Court had held multiple hearings but before it entered its final order — Chaput filed for bankruptcy, triggering an automatic stay of the guardianship proceeding. Because the automatic stay has not been lifted, we vacate the Superior Court’s May 1, 2014 order as void and remand for further proceedings. Attorney Kye Walker represented the sons in this matter but moved to withdraw from the case due to a fee dispute. The Superior Court denied Walker’s motion after determining that permitting Walker to withdraw would cause prejudicial delay to both parties given that they needed only to file post-hearing motions. We affirm the Superior Court’s denial.

I. STATEMENT OF RELEVANT FACTS AND PROCEDURAL POSTURE

In the petition for guardianship, Chaput’s sons alleged that Chaput’s health began deteriorating after his wife died in 2009, and that he may be suffering from a mental illness. As a result, they alleged that he is unable to properly manage his affairs; specifically, his sons contended that Chaput allows other people to take advantage of him, fails to pay his mortgage, and permits people to live rent free in some of his rental units. His sons requested that the Superior Court determine that Chaput is incapacitated, and then appoint John Cianci as an unlimited guardian for Chaput and appoint Thomas Chaput as an unlimited conservator for Chaput’s property.

[686]*686The Superior Court held multiple hearings on this matter between April 2, 2013, and September 17, 2013. After the final hearing, the parties were ordered to submit written post-hearing arguments, including proposed findings of fact and conclusions of law, and the sons were ordered to file a motion to exclude the testimony of a psychiatrist that testified on Chaput’s behalf. (Walker J.A. 24.) Chaput filed his post-hearing arguments but his sons did not.

Instead, on January 29, 2014, the sons’ counsel, Attorney Kye Walker, filed an ex parte motion requesting to withdraw from the case. In her motion, Walker alleges that there was a breakdown of communication between her and the sons due to the sons’ failure to pay $241.03 for services rendered and refusal to replenish the retainer by $2,000. The Superior Court denied Walker’s motion on January 31, 2014. It reasoned that it would be highly prejudicial to both parties to allow Walker’s withdrawal so late in the proceedings, where the only action left was to file post-hearing motions, and that it would be a nearly insurmountable task to ask another attorney to come in and competently prepare the final filings in a complex case. Walker appealed the denial of her motion, but this Court dismissed it for lack of jurisdiction. Cianci v. Chaput, S. Ct. Civ. No. 2014-0007, slip op. at 1 (V.I. Mar. 14, 2014) (unpublished).

Instead of filing the post-hearing motions, on April 9, 2014, Walker filed on the sons’ behalf an emergency motion to reopen the guardianship hearing to present newly discovered evidence and an emergency motion to disqualify Chaput’s counsel due to alleged ethical violations. As part of these motions, the sons informed the court that Chaput had filed a voluntary Chapter 13 bankruptcy petition on February 6, 2014, and argued that evidence in the bankruptcy proceeding revealed continued deterioration of Chaput’s cognitive abilities. The Superior Court did not rule on either of these motions before issuing its final order on May 1, 2014,1 denying the sons’ petition for guardianship. The Superior Court determined that the sons had not provided clear and convincing evidence that Chaput was incapable of conducting his own affairs, as contemplated by 15 V.I.C. § 841, and that Chaput demonstrated “knowledge and understanding of his personal and financial affairs” in the buying and selling of property and in taking steps to protect his own interests. The [687]*687Superior Court dismissed the sons’ petition, and vacated a stay that had been imposed on an eviction proceeding arising from John Cianci’s residence at one of Chaput’s properties. The sons timely filed a notice of appeal on May 30, 2014, which was docketed in this Court as S. Ct. Civ. No. 2014-0033. See V.I.S.Ct.R. 5(a)(1). Walker also timely filed a second notice of appeal of the court’s denial of her motion to withdraw on May 30, 2014, which was docketed as S. Ct. Civ. No. 2014-0034. Id. We subsequently consolidated these matters sua sponte for appellate disposition.

II. DISCUSSION

A. Jurisdiction and Standard of Review

Pursuant to the Revised Organic Act of 1954, this Court has appellate jurisdiction over “all appeals from the decisions of the courts of the Virgin Islands established by local law[.]” 48 U.S.C. § 1613a(d); see also V.I. CODE Ann. tit. 4, § 32(a) (granting this Court jurisdiction over “all appeals arising from final judgments, final decrees or final orders of the Superior Court”). The Superior Court’s May 1, 2014 order constitutes a final order because it fully adjudicates all. issues between Chaput and his sons. See, e.g., Ottley v. Estate of Bell, 61 V.I. 480, 487 (V.I. 2014); Thomas v. V.I. Bd. of Land Use Appeals, 60 V.I. 579, 585 (V.I. 2014).

The sons, now representing themselves, assert that this Court does not have jurisdiction over this appeal because on February 6, 2014, Chaput filed for Chapter 13 bankruptcy, which triggered a provision in the bankruptcy code imposing an automatic stay on the guardianship proceeding. Although they argue for reversal in terms of jurisdiction — which would result in a dismissal of their appeal if we were to find we do not have jurisdiction — it is more likely that the sons, given their pro se status, incorrectly used jurisdictional language to describe a non-jurisdictional basis for reversal, and we construe their argument accordingly. Appleton v. Harrigan, 61 V.I. 262, 267 (V.I. 2014) (noting that “it is our policy to give pro se litigants greater leeway in dealing with matters of procedure and pleading” (quoting Joseph v. Bureau of Corr., 54 V.I. 644, 650 (V.I. 2011))).

This Court has already held that “Congress, in enacting 11 U.S.C. § 362(a) and its predecessor statute, did not divest state and territorial courts of jurisdiction over proceedings against those who have sought [688]*688bankruptcy protection in federal court.” Brouillard v. DLJ Mortg. Capital, Inc., 60 V.I. 763, 765 (V.I. 2014) (collecting cases). Instead, the purpose of § 362 is to suspend proceedings against those who have sought bankruptcy protection in federal court for the duration of the bankruptcy proceeding. Id. Therefore, we have jurisdiction over this appeal. We also have jurisdiction over Walker’s appeal of her motion to withdraw since “prior interlocutory orders merge with the final judgment in a case, and the interlocutory orders . . . may be reviewed on appeal from the final order.” Matter of Estate of George, 59 V.I. 913, 919 (V.I.

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Cite This Page — Counsel Stack

Bluebook (online)
64 V.I. 682, 2016 V.I. Supreme LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cianci-v-chaput-virginislands-2016.