Roane v. Robin Drive Auto, LLC

• Decision Date: 22 June 2021
• Docket Number: C.A. No.: CPU4-19-004605
• Parties: WAYNE ROANE, Plaintiff, v. ROBIN DRIVE AUTO, LLC AND DAVID DIMEGLIO, Defendants.
• Court: Delaware Court of Common Pleas

WAYNE ROANE, Plaintiff, v. ROBIN DRIVE AUTO, LLC AND DAVID DIMEGLIO, Defendants.

C.A. No.: CPU4-19-004605

COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

June 22, 2021

Elizabeth C. Rowe, Esq.

Legal Services Corporation of

Delaware, Inc.

100 West 10^th Street

Suite 203

Wilmington, DE 19801

Attorney for Plaintiff

Robert C. McDonald, Esq.

Silverman McDonald &

Friedman

1010 North Bancroft Parkway

Suite 22

Wilmington, DE 19805

Attorney for Defendants

ORDER

AND NOW, this 22^nd day of June 2021, the Court has reviewed and considered Defendants' Motion to Vacate Entry of Default Judgment in the above caption matter.

Although there was some confusion regarding the Default Judgment filed and entered on October 23, 2020, but not actually docketed until December 17, 2020, the Court is satisfied that Defendants' counsel did not enter his appearance until November 16, 2020—11 months after the Complaint was filed and 12 days after the

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41E letter was filed. Therefore, the Court finds that the Default Judgment was proper.

Based on the record and Defendants' Motion to Vacate Entry of Default Judgment, the Court finds that, under Court of Common Pleas Rule 60, Defendants have failed to establish excusable neglect.

Accordingly, Defendants' Motion to Vacate Entry of Default Judgment is DENIED.

IT IS SO ORDERED.

/s/_________

Bradley V. Manning,

Judge

cc: Ms. Patricia Thomas, CCP Civil Case Manager