Hodge v. McGowan

50 V.I. 296, 2008 WL 4924628, 2008 V.I. Supreme LEXIS 46
CourtSupreme Court of The Virgin Islands
DecidedNovember 10, 2008
DocketS. Ct. Civ. No. 2007-057
StatusPublished
Cited by27 cases

This text of 50 V.I. 296 (Hodge v. McGowan) 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
Hodge v. McGowan, 50 V.I. 296, 2008 WL 4924628, 2008 V.I. Supreme LEXIS 46 (virginislands 2008).

Opinion

OPINION OF THE COURT

(November 10, 2008)

PER Curiam.

Cynthia Miller (hereafter “Miller”) appeals the March 12, 2007 Superior Court order that: dismissed the claims of Inez Mathias Hodge (hereafter “Hodge”) against Gloria McGowan, Paul Hoffman and Jane Hoffman Walker (collectively referred to as “Appellees”) for failure to prosecute; dismissed with prejudice Miller’s claims against Appellees; dismissed with prejudice Appellees’ claims against Miller; and dismissed as moot Appellees’ claims against Hodge.2 For the reasons which follow, we will affirm the Superior Court’s holdings.

I. FACTUAL AND PROCEDURAL BACKGROUND

The present appeal stems from a protracted dispute over land located on St. John which has spanned nearly fifty years. Much of the complex factual and procedural history of this case was succinctly stated in Hodge v. McGowan, 29 V.I. 142, 143-46 (D.V.I. App. Div. 1993):

The origins of this boundary dispute date back to the 1960’s. In 1960, Lucy Smith, executrix of the Estate of Fritz Allen Smith, brought an [300]*300action to quiet title against all persons owning or claiming an interest in 54.9 acres of Estate Friise in Smith v. 54.9 Acres of Land, St. T. Civ. No. 294-1960 (D.V.I.1961), based on a survey performed by N.O. Wells on December 16,1960. Cynthia Miller, on behalf of her aunt and uncle, was the only defendant to appear. [Id.] at477.Neither Millernor the other defendants filed answers or any other pleadings in the case. Id. The court entered a default judgment quieting title to Estate Friise, as described in the complaint and Wells survey, in favor of Lucy Smith in August 1961 [See id.]
On July 31, 1961, N.O. Wells surveyed a proposed 27.3 acre subdivision of Estate Friise denominated as “Parcel No. 1 Estate Friise.” [Id. at 477-78.] In November 1961, Lucy Smith subsequently conveyed Parcel No. 1 Estate Friise to George Dudley, Louis Hoffman and Joseph McGowan, the predecessors in interest to the [appellees] in this case. [Id.]
In February 1964, Alexander Meyers and Eliza George, the predecessors in interest to the [appellants] in this case, successfully sued to quiet title in Parcel No. 141 Estate Johns Folly. Id. at 480. On July 19, 1965, Sydney Baptiste surveyed four proposed subdivisions of Parcel No. 141 Estate Johns Folly: a new Parcel 141, and parcels 14IA, 14IB, and 14IC. Id. at 480-81. In a series of conveyances instituted in 1965, title to new Parcel 141 became vested in Meyers, to 14IA in Utah Lindo, to 14IB in George, and to Parcel 14IC in Utah Lindo. [Id.] at 481. In addition, George and Meyers conveyed a small strip of land to the Government of the Virgin Islands for construction of a new road. Finally, in 1967, Meyers conveyed the new Parcel 141 to Robert L. and Margaret M. Chaney. Id.
In response to these conveyances, in 1967, Dudley, Hoffman, and McGowan commenced action to remove cloud of title on Parcel No. 1 Estate Friise against Meyers, George, Lindo, Robert and Margaret Chaney, and the Government of the Virgin Islands. The complaint alleged that the six acre portion of the property lying between the old public road and the sea, described as Parcel No. 141 John’s Folly, was in fact part of Parcel No. 1 Estate Friise, as shown on the 1961 Wells survey map. See id. The Territorial [now Superior] Court denied their claim, finding that the six disputed acres were part of the original Parcel No. 141 Estate John’s Folly, not Parcel No. 1 Estate Friise. The [301]*301lower court’s ruling was subsequently affirmed by the Third Circuit in Dudley v. Meyers, 422 F.2d 1389, 7 V.I. 472 (3d Cir. 1970).
No further dispute arose until the mid 1980s, when current [Appellees], the successors in interest to the Dudley plaintiffs, hired a firm to survey Parcel No. 1 Estate Friise. They contend that prior to the survey, no “No Trespassing” signs were present in the area abutting Estate John’s Folly. E.g., Id. However, on their last visit, the surveyors allegedly found two newly erected signs and some new fencing within the boundaries of Estate Friise. The surveyors were also approached by a woman, later identified as Cynthia Miller, who allegedly told them not to return to the property.
In response, [Appellees] retained attorney Maria Hodge to investigate. Hodge’s associate, Katherine Mackay, allegedly called Inez Hodge and Les Meyers regarding the incidents. [Appellant] Hodge allegedly admitted to Attorney Mackay that she had removed the flags and ribbons the surveyors had placed on [Appellees’] property____
In 1980, [Appellees], owners of Parcel No. 1 Estate Friise, commenced an action for trespass against [Appellants], owners of Parcel No. 141 Estate John’s Folly (including parcels previously subdivided therefrom), seeking damages and injunctive relief.
[Appellants] filed an answer and counterclaim alleging that [Appellees] were trespassing on [Appellants’] property and that the property over which [Appellees] claimed ownership had been adversely possessed by [Appellants] and their predecessors in interest and seeking damages and injunctive relief.
[Appellees] moved for summary judgment on the basis of res judicata, arguing that the District Court of the Virgin Islands had decided the issue of the boundary line between the two properties in Dudley v. Meyers, St. T. Civ. No. 279-1967 (D.V.I.1961), aff’d, 422 F.2d 1389, 7 V.I. 472 (3d Cir. 1970).
[Appellants] filed two motions to disqualify the trial judge based on his legal representation of [Appellees ’ ] predecessor in interest in a dispute over the ownership of Estate Friise in Smith.
In an opinion and order dated January 2, 1992, the Territorial [now Superior] Court denied [Appellants’] motion to disqualify the judge. [302]*302The court also granted [Appellees’] motion for summary judgment in part, finding that Dudley was res judicata as to the issue of the boundary line between the two properties. Id. On January 28,1992, the court issued a supplemental opinion clarifying its January 2,1992 opinion.
Five days prior to the scheduled trial date, [Appellants] moved to continue the case alleging, among other facts, that a proposed witness was too ill to testify. [Appellants] further moved for an extension of time to produce maps and surveys. Four days before the trial date, [Appellants] filed a motion to reconsider the opinions of January 2,1992 and January 28, 1992. The court denied all three motions by order dated February 11,1992.
At [the first] trial, the court refused to hear evidence or testimony concerning the issue of the boundary line between the two properties, pursuant to its January 2, 1992 order. The court also limited testimony concerning [Appellants’] use and possession of the disputed property to the time period after Dudley.

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Cite This Page — Counsel Stack

Bluebook (online)
50 V.I. 296, 2008 WL 4924628, 2008 V.I. Supreme LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodge-v-mcgowan-virginislands-2008.