Motion to Reopen Default Judgment
A motion to reopen a default judgment is within the sound discretion of the court. Phillips v. Siano (1999) (See also Battaglia v. Wilmington Sav. Fund Soc'y, Del.Supr., 379 A.2d 1132, 1135 (1977); Model Fin. Co. v. Barton, Del.Super., 55 Del. 530, 188 A.2d 233, 5 Storey 530 (1963); Kaiser-Frazer Corp. v. Eaton, Del.Super., 48 Del. 236, 9 Terry 236, 101 A.2d 345 (1953)).
When making a determination, the court should resolve any doubts in favor of the petitioner because of the public policy to determine an action on its merits. Phillips, supra, at 2 (citing Keystone Fuel Oil Co. v. Del-Way Petroleum, Inc., Del.Super., 364 A.2d 826, 828 (1976)).
However, the burden is upon the movant to establish the basis for relief. Phillips, supra, at 2 (citing Weeks v. Wilson, Del.Supr., No. 422, 1989, Walsh, J. (May 31, 1990)).
To fulfill the standard of Rule 60(b), the Court must consider four (4) factors:
that his conduct was that of a reasonably prudent person;
that the motion was not brought after an unreasonable delay;
the presence of a meritorious defense;
the lack of substantial prejudice to the non-moving party. Phillips, supra, at 3 (citing Concors Supply Co., Inc. v. Berger (1988)).