Supreme Court of Delaware

Christiana Mall, LLC, Below v. Emory Hill and Company, Below

April 15, 20142014 Del. LEXIS 175

Summary

The Supreme Court affirmed the denial of Christiana Mall’s motion to vacate a default judgment. It held that Christiana’s failure to answer was not excusable neglect because it relied on a codefendant’s attorney, failed to verify any extension, failed to monitor the proceedings, and did not promptly retain counsel. Because excusable neglect was absent, the court did not reach substantial prejudice or the merits of the asserted defenses.