Branch Banking and Trust Co.

Summary

The Supreme Court of Delaware held that the Superior Court improperly used Rule 60(b) to vacate a final judgment after the defendants failed to timely appeal, because lack of notice not attributable to court personnel does not excuse an untimely appeal under Superior Court Rule 77(d). The Court reversed the vacatur, reinstated the original final judgment, and dismissed the defendants' cross-appeal as untimely without reaching the foreclosure merits.