District Court, Virgin Islands February 11, 2011, D.C. Civil App. No. 2005/0100 (Tip-Top Construction, Inc. v. Gonzalez)

MEMORANDUM OPINION

(February 11, 2011)

In this appeal, we are called upon to determine whether the Superior Court erred when it sua sponte dismissed a matter with prejudice.

I. FACTUAL AND PROCEDURAL POSTURE

The underlying controversy involves the purported encroachment of the appellee’s commercial buildings and other improvements onto the appellant’s property at Plot No. 64. Estate Mount Welcome.