Stevenson v. Swiggett

Summary

The Delaware Supreme Court affirmed the denial of the defendants' motion to vacate a default judgment entered in a personal injury action. The court held that service under Delaware's former long-arm statute established in personam jurisdiction and that the defendants failed to show excusable neglect under Superior Court Civil Rule 60(b)(1).

Holdings

1. The Superior Court properly found that service was effective and therefore had in personam jurisdiction over the Stevensons. The statutory presumption that a notation of refusal indicates refusal by the defendant or the defendant's agent applied, and the record supported the finding that the Stevensons lived at the Pennsylvania address and that service was refused by them or their agent.
2. The Superior Court did not abuse its discretion in denying the Stevensons' Rule 60(b)(1) motion because they failed to establish mistake, inadvertence, surprise, or excusable neglect. The three-factor test for setting aside a default judgment is thresholded by whether culpable conduct caused the default; the court need consider the meritorious-defense and prejudice factors only after a satisfactory explanation for the failure to answer is established.

Questions Presented

1. Whether the Superior Court obtained personal jurisdiction over the Stevensons through service under the former Delaware long-arm statute when the registered letters sent to their Pennsylvania address were returned marked refused.
2. Whether the default judgment was void and subject to vacatur under Superior Court Civil Rule 60(b)(4) because of allegedly defective service.
3. Whether the Superior Court abused its discretion in denying relief under Superior Court Civil Rule 60(b)(1) based on excusable neglect or surprise.

Disposition

affirmed