Supreme Court of Delaware

Poli v. 810 South Broom Street Operations, LLC

March 15, 2017

Summary

The Supreme Court of Delaware held that the default judgment against Rhonda Daniel was improperly entered because Joseph Poli’s answer and accompanying power of attorney constituted an appearance affecting the complaint. Because that judgment formed the basis for the judgment against Joseph, he had standing to challenge it and was entitled to relief from the resulting mistake under Rule 60(b). The Court reversed the order denying relief, vacated the underlying judgments, and remanded for further proceedings.