Supreme Court of Delaware

Centralia Mining Co., Defendant Below, Appellant v. Deneen Crawford, Plaintiff Below, Appellee, and Family Dollar…

February 14, 20112011 Del. LEXIS 101

Summary

The court affirmed the denial of Crossroads's motion to vacate a default judgment under Rule 60(b)(1). It held that Crossroads's failure to comply with Delaware's foreign-corporation registration and name-change requirements, rather than any unreasonable conduct by Crawford, caused the failure to receive notice and was not excusable neglect. The court therefore did not reach the remaining default-relief factors because Crossroads failed to establish a satisfactory explanation for its default.