Lee v. Charter Communications
In Lee v. Charter Communications, VI, LLC, 2008 WL 73720, (Del. Super. Ct.), the Superior Court in addressing the excusable neglect standard under Superior Court Rule 60(b)(1), which mirrors the Court of Common Pleas rule, stated that although the rule should be construed liberally, a party moving to vacate a default judgment must satisfy three conditions:
excusable neglect in the conduct that allowed the default judgment to be taken;
a meritorious defense to the action that would allow a different outcome to the litigation if the matter was heard on its merits;
a showing that substantial prejudice will not be suffered by the plaintiff if the motion is granted.
A judgment cannot be vacated where the defendant has simply ignored the process. Id.