Motion to Vacate Default Judgment Delaware
Counsel jointly stipulated that the sole issue before the Court is whether the default judgment entered below should be vacated and that the entire de novo appeal is not before the Court.Ney v. Polite, Del. Supr., 399 A.2d 527 (1979); S.A. Wayne Cross v. Herman Cohen and Carl Funk, t/a Commercial Roof Menders, Inc., Del. CCP C.A. No. 2000-05-137, James, J. (August 8, 2000).
A petition to set aside a default judgment is addressed to the sound discretion of the Court. Model Fin. Co. v. Barton, Del. Super., 188 A.2d 233 (1963).
It is clear that the policy of the Courts in Delaware is to favor a trial on the merits over a judgment based on default. Battaglia v. Wilmington Savings Fund Society, Del. Supr., 379 A.2d 1132 (1977).
It is also clear that doubts arising whether a judgment should be vacated should be resolved in favor of the defendants in making said determination. Cohen v. Brandywine Raceway Assoc., Del. Supr., 238 A.2d 320 (1968).