Richard Keith v. Melvin L. Joseph Book Reviews

Richard Keith v. Melvin L. Joseph by New Castle County Superior Court of Delaware Book Summary

On August 8, 1980, the plaintiff, Richard Keith, Jr., was injured in an accident while swimming in a dirt or borrow pit. On September 11, 1981, he and his parents filed a complaint for personal injuries naming, as one of several defendants, the Melvin L. Joseph Construction Company. The praecipe directed that service of process be made upon Defendant Melvin L. Joseph Construction Co., a Delaware Corporation, by serving its registered agent Melvin L. Joseph Construction Co. at Route 1, Box 218, Georgetown, Delaware 19947. On September 23, 1981, a male Deputy Sheriff for Sussex County left the complaint and summons with a clerical secretary of the defendant corporation at the address specified. The complaint and summons were brought to the attention of Melvin L. Joseph, President of the defendant corporation, but no answer or entry of appearance was filed within the 20 days prescribed by law and stipulated on the summons. Consequently, on October 30, 1981, the plaintiffs obtained a default judgment against the defendant. In November, 1981, upon learning of the default judgment, Mr. Joseph contacted the corporation's attorney, who subsequently filed a notice of appearance on November 23, 1981. Seven days later, on November 30, 1981, the defendant moved, pursuant to Superior Court Civil Rules 60(b) and 54(b), to set aside or revise the default judgment entered against it on October 30, 1981. It is this motion, which the Court now considers. The defendant corporation has moved to set aside the judgment under Rules 60(b) and 54(b). The latter rule provides that, in multiple claim actions, judgments rendered upon fewer that all the claims can be revised before entry of judgment on all the claims, unless a determination that there is no reason for delay has been made and entry of judgment has been directed. It does not provide an independent basis for setting aside a default judgment. In determining whether to revise a default judgment pursuant to Rule 54(b) reference must be had to the standards of Rule 60(b). Therefore, the Court's findings with respect to the Rule 60(b) motion will be dispositive of the Rule 54(b) motion.

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