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MORAVIAN SCHOOL ADVISORY BD. v. RAWLINS

Nos. 94-7359, 94-7421.

70 F.3d 270 (1995)

The MORAVIAN SCHOOL ADVISORY BOARD OF ST. THOMAS, V.I. v. Helen RAWLINS; The Department of Labor, Government of the Virgin Islands, Department of Labor, Government of the Virgin Islands, Appellant. Jane ROGERS, on behalf of herself; The Estate of Ingrid Corena Rogers; Nirone Pavon Francis, minor; Laurel Simone Francis, minor, v. GOVERNMENT OF the VIRGIN ISLANDS; St. Thomas Hospital; Elena Aguas, M.D., Appellants.

United States Court of Appeals, Third Circuit.

Decided November 14, 1995.

Attorney(s) appearing for the Case

Robert W. Bornholt (Argued), Frederick Handleman, Pamela R. Tepper, Office of Attorney General of Virgin Islands, Department of Justice, Charlotte Amalie, St. Thomas, United States Virgin Islands, for Appellant Department of Labor.

Richard R. Knoepfel, Steven L. Mierl (Argued), Briggs, Knoepfel & Ronca, Charlotte Amalie, St. Thomas, United States Virgin Islands, for Appellants Gov't Virgin Islands, St. Thomas Hospital and Elena Aguas, M.D.

Denise R. Reovan (Argued), Charlotte Amalie, St. Thomas, United States Virgin Islands, for Appellee Moravian School.

Deborah K. Robinson, Richard Austin (Argued), Legal Services of the Virgin Islands, Christiansted, St. Croix, United States Virgin Islands, for Appellee Helen Rawlins.

Lemuel F. Callwood, Vera D. Jean (Argued), Law Office of Lemuel F. Callwood, Charlotte Amalie, St. Thomas, United States Virgin Islands, for Appellees Jane Rogers, Estate of Ingrid Corena Rogers, Nirone Pavon Francis, and Laurel Simone Francis.

Before: BECKER, NYGAARD and ROTH, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge:

These two appeals were combined for this opinion because the issue in both is whether the District Court of the Virgin Islands, when it lacks subject matter jurisdiction, may nonetheless transfer a cause to the Territorial Court of the Virgin Islands rather than dismiss it. Because we conclude that a district court must dismiss the suit where there is no colorable basis...

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