Jared E. Parks v. Belinda J. Carver

Summary

The Supreme Court of Delaware held that the Family Court properly denied relief under Rule 60(b)(1) and (3) because the appellant’s repeated nonparticipation was not excusable neglect and he failed to show fraud preventing him from presenting his case. But the Court held that extraordinary circumstances justified relief under Rule 60(b)(6) because the appellant lacked notice that the court might award the former wife more than the 70% share identified in her pretrial submission, and the award rested on speculative income and expense findings. The judgment was reversed to cap the former wife’s share of the home-sale proceeds at 70% and remanded for further proceedings.