Supreme Court of Delaware

Allen v. Granger

March 18, 2015

Summary

The Supreme Court of Delaware affirmed the Family Court's denial of Allen's Rule 60(b) motion seeking to reopen or modify an alimony determination based on Granger's nondisclosure of pending personal-injury lawsuits. The Court held that the Family Court acted within its discretion because Allen failed to show fraud, extraordinary circumstances, a different likely outcome, or lack of prejudice, and because Granger's potential recovery was not yet an asset. The Court also held that the alimony calculation was supported by the record and reflected consideration of the statutory factors.