Opinion
No. 487, 2001
Submitted: November 13, 2002
Decided: November 22, 2002
Court Below: Superior Court of the State of Delaware in and for New Castle County C.A. No. 00C-05-131
Before VEASEY, Chief Justice, WALSH and STEELE, Justices.
Appeal dismissed.
Unpublished opinion is below.
ALBU TRADING, INC., § Plaintiff Below, Appellant, v. ALLEN FAMILY FOODS, INC., Defendant Below, Appellee. No. 487, 2001 Supreme Court of the State of Delaware. Submitted: November 13, 2002 Decided: November 22, 2002
ORDER
This 22nd day of November 2002, upon consideration of the briefs of the parties and oral argument, it appears to the Court that:
(1) This is an appeal from a Superior Court decision refusing to reopen a judgment under Superior Court Civil Rule 60(b)(2). The Superior Court ruled that the appellant had not been diligent in pursuing discovery in order to secure evidence later offered as "newly discovered." The standard of review of denial of a motion to reopen judgment under Rule 60(b)(2) is abuse of discretion. Bachtle v. Bachtle, 494 A.2d 1253, 1255-56 (Del. 1985).
(2) Upon consideration of the record, we conclude that the Superior Court did not abuse its discretion in refusing to grant relief to the appellant. Accordingly, we affirm the judgment of the Superior Court as reflected in its decision of April 4, 2002.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is,
AFFIRMED.