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DEAL FURNITURE & APPLIANCES v. FOUR WINDS PLAZA

D.C. Civil Appellate No. 96-68.

961 F.Supp. 117 (1997)

DEAL FURNITURE & APPLIANCES, INC., Nafez Salem, and Nedal Salem, Appellants, v. FOUR WINDS PLAZA PARTNERSHIP, Appellee.

District Court, Virgin Islands, Appellate Division, D. St. Thomas and St. John.

Decided April 2, 1997.

Attorney(s) appearing for the Case

Rhys S. Hodge, St. Thomas, U.S. Virgin Islands, for Appellants.

W. Mark Wilczynski, St. Thomas, U.S. Virgin Islands, for Appellee.

Before: THOMAS K. MOORE, Chief Judge, District Court of the Virgin Islands; RAYMOND L. FINCH, District Court Judge of the Virgin Islands; and PATRICIA D. STEELE, Territorial Court Judge, Division of St. Croix, Sitting by Designation.

OPINION OF THE COURT

PER CURIAM.

In this appeal, appellants challenge the Territorial Court's denial of their motion to vacate default judgment entered against them. For the reasons cited below, we find that the Territorial Court erred when it failed to properly consider whether appellants' defense was meritorious against the breach of contract claim. We also find that the trial court's failure to rule on the requisite factors before denying the motion to...

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