Streibich v. Kaplanek, III

For Publication IN THE SUPREME COURT OF THE VIRGIN ISLANDS BRUCE W. STREIBICH S. Ct. Civ. No. 2024-0043 Appellant/Defendant ) Re: Super. Ct. Civ. No. 459/1995 y )) (STI) CHARLES A. KAPLANEK, III, ) Appellee/Plaintiff, and ) WARREN STRYKER AND MARGARET ) STRYKER Appellees/Intervening Plaintiffs, ) ) ARTHUR SCHMAUDER, ELIZABETH MCGUIRE, AND BLUE WATERS RETREAT ) LLC, ) Intervening Defendants. ! ) On Appeal from the Superior Court of the Virgin Islands Division of St. Thomas & St. John Superior Court Judge: Hon. Renee Gumbs Carty Argued: April 8, 2025 Filed: June 4, 2025 Cite as: 2025 VI 13 BEFORE RHYS S. HODGE, Chief Justice, HON. MARIA M. CABRET, Associate Justice; and HON. HAROLD W.L. WILLOCKS, Associate Justice APPEARANCES Carol Ann Rich, Esq. (Argued) Malorie Winne Diaz, Esq Dudley Rich LLP St. Thomas, U.S.V.1 Attorney for Appellant/Defendant, Matthew J. Duensing, Esq. (Argued) Joseph D. Sauerwein, Esq Law Offices of Duensing & Casner St. Thomas, U.S.V.I Attorney for Appellee/Plaintiff and Appellees/Intervening Plaintiffs ' The intervening defendants in the underlying lawsuit are not parties in this appeal Streibich v. Kaplanek, et al 2025 VI 13 S. Ct. Civ. No. 2024-0043 Opinion of the Court Page 2 of 22 OPINION OF THE COURT WILLOCKS, Associate Justice q1 Appellant Bruce W. Streibich (hereinafter “Streibich”) appeals from the June 25, 2024 order of the Superior Court of the Virgin Islands (hereinafter “Superior Court”) holding Streibich in contempt for violating the Superior Court’s April 29, 2024 order and declaratory judgment I. BACKGROUND? 42 The lengthy history of this litigation began in June 1995 when Karen R. Underwood (hereinafter “Underwood” filed a complaint against Streibich and Katharine H. Streibich* for a declaratory judgment of an easement in connection with Underwood’s property located at Parcel No. 4-27, Estate Tabor and Harmony, Nos. 5 & 6 East End Quarter, St. Thomas, U.S. Virgin Islands (hereinafter “Parcel No. 4-27”) and Streibich and Katharine H. Streibich’s property located at Parcel No. 4-26.° The gravamen of the lawsuit was whether an easement exists across Parcel No. 4-26 for the benefit of Parcel No. 4-27. While Underwood referenced several maps in her complaint, of relevance here is the PWD B9-31-T5S7 map (hereinafter “T57 Map’) which depicts the planned subdivision of the property that resulted in, inter alia, Parcel Nos. 4-26 and 4-27, and 2 This Court will recite only those facts and procedural history relevant to this instant appeal. To construct a more comprehensive and accurate background, this Court takes judicial notice of other courts’ dockets and papers. See Cianci v. Chaput, 64 V.I. 682, 690 n.2 (V.I. 2016) (recognizing that courts may take judicial notice of other courts' dockets and papers); cf King v. Appleton, 61 V.1. 339, 348 (V.I. 2014) (“[T]he Superior Court may take judicial notice of the existence of a document that has been filed with it in another proceeding.”’) (quotation marks and citation omitted) 3 On March 4, 2022, the Superior Court entered an order in which it found that Underwood's son Charles Anthony Kaplanek, III (hereinafter “Kaplanek”) was the real party in interest with respect to Parcel No. 4-27 since “Underwood deeded her interest in the property to him on June 30, 2016, by deed recorded as Document No. 2016004645” and thus, the court substituted Kaplanek in place of Underwood as the plaintiff but ordered that “the original Plaintiff's name shall remain” in the caption. For the sake of clarity and accuracy, this Court will refer to Kaplanek (owner of Parcel No. 4-27) instead of Underwood as the appellee in this appeal to reflect the proper party * Katharine H. Streibich passed away in February 1999 > Unless otherwise noted, all parcels referenced herein are located at Estate Tabor and Harmony, Nos. 5 & 6 East End Quarter, St. Thomas, U.