56 V.I. 460
Supreme Court of The Virgin Is...2012Background
- Fleming filed a pro se mandamus petition in November 2011 seeking action on his Civil Action No. 279/2010 (STX) against DeWeese.
- The Nominal Respondent remained dormant for almost two years, failing to rule on motions including in forma pauperis and service requests.
- Fleming sought mandamus after the Superior Court judge did not issue rulings or move the case forward.
- This Court initially dismissed Fleming’s first mandamus petition without prejudice for failure to serve pertinent parties, then allowed re-filing with adequate service.
- The Court ultimately found the Nominal Respondent’s nearly two-year delay and failure to rule on routine matters warranted intervention and granted mandamus relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fleming has a clear right to a ruling | Fleming argues Nominal Respondent failed to rule. | DeWeese argues delay may be discretionary and not mandamus-worthy. | Yes; Fleming has a clear right to a ruling. |
| Whether there is an adequate alternate remedy to mandamus | Fleming cannot rely on Rule 14 to compel non-judicial action. | Rule 14 provides administrative relief but not a substitute for judicial rulings. | No adequate alternate remedy exists. |
| Whether mandamus is appropriate under the circumstances | The public interest and justice require timely rulings; delay undermines due process. | Administrative mechanisms alone should address dilatory behavior. | Yes; mandamus is appropriate to move forward the underlying action. |
Key Cases Cited
- In re LeBlanc, 49 V.I. 508 (V.I. 2008) (mandamus relief when delay exceeds reasonable time)
- In re Elliot, 54 V.I. 423 (V.I. 2010) (long court delays may warrant mandamus relief)
- In re Richards, 52 F. Supp. 2d 522 (D.V.I. App. Div. 1999) (Rule 14 implements 72b but limits to administrative relief)
- Gov’t of the V.I. v. Thomas, 341 F. Supp. 2d 531 (D.V.I. App. Div. 2004) (Rule 14 does not authorize reviewing judicial rulings; limits on administrative power)
- DeKalb County v. Cooper Homes, 283 Ga. 111, 657 S.E.2d 206 (Ga. 2008) (futile or useless remedies may still support mandamus relief)