Supreme Court of Delaware

Morgan v. Joseph

February 18, 2020

Summary

The Supreme Court of Delaware affirmed the Family Court’s default judgment awarding Joseph sole legal custody and primary placement of the parties’ child. The court held that Morgan’s failure to appear in person after receiving notice authorizing telephone participation only for an earlier conference did not constitute an abuse of discretion. Any explanation for Morgan’s nonappearance had to be presented first to the Family Court through a properly supported motion to reopen under Rule 60(b).