ST-2025-CV-00239
Superior Court of The Virgin I...Aug 26, 2025Background
- Captain’s Command at Bluebeard’s Beach Club sued owners D’Andrade and Pinkney for unpaid timeshare assessments, seeking debt recovery, foreclosure, and breach of contract remedies.
- Plaintiff attempted service on D’Andrade in California via a process server, but the individual at the address was not D’Andrade.
- Plaintiff filed a motion for service by publication, asserting that due diligence had been shown but did not provide detailed evidence of efforts to locate D’Andrade or verify his address.
- The court reviewed the materials and found there was insufficient proof of due diligence or evidence to support that service attempts were made by a disinterested non-party as required by law.
- The judge deferred a decision on the motion, instead giving Plaintiff 60 days to provide new or corrected proof showing due diligence or to complete service via other permissible means.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Sufficiency of Due Diligence for Service by Publication | Captain's Command claimed one failed attempt at an address satisfied due diligence requirements for constructive service. | None presented (no opposition filed). | Court held that a single attempt without more does not meet statutory due diligence; more effort or proof required. |
| Proof of Service by Disinterested Non-Party | Asserted process server was not a party; did not address other possible conflicts. | None presented. | Court found insufficient evidence that processor was truly disinterested per statutory requirements. |
| Authority to Order Constructive Service | Plaintiff argued that prerequisites of 5 V.I.C. § 112 were met based on unsuccessful service and inability to locate defendant. | None presented. | Court ruled prerequisites unmet, so constructive service not permitted absent further proof. |
| Proper Exercise of Jurisdiction | Plaintiff assumed court could act as matter of course. | None presented. | Court confirmed it had subject matter jurisdiction, but personal jurisdiction not established without service. |
Key Cases Cited
- Skepple v. Bank of N.S., 69 V.I. 700 (V.I. 2017) (outlines requirements for due diligence and service of process in the Virgin Islands)
- Williams v. People, 58 V.I. 341 (V.I. 2013) (explains treatment of final orders and judgments)
- Evans-Freke v. Evans-Freke, 75 V.I. 407 (V.I. 2021) (subject matter jurisdiction and powers of Superior Court)
- Cianci v. Chaput, 68 V.I. 682 (V.I. 2016) (effect of bankruptcy stay and court subject matter jurisdiction)
- Daley-Jeffers v. Graham, 69 V.I. 931 (V.I. 2018) (distinguishes failure of service from lack of proof of service)