McMartin v. Quinn

9 Citing cases

  1. Mastercraft Contracting, LLC v. Dye

    C. A. K23L-02-019 RLG (Del. Super. Ct. Mar. 5, 2024)

    "A mere showing of negligence or carelessness without a valid reason may be deemed insufficient."McMartin v. Quinn, 2004 WL 249576, at * 1 (Del. Super. Feb. 3, 2004) (internal citations omitted). Cohen v. Brandywine Raceway Ass'n, 238 A.2d 320, 325 (Del. Super. 1968)

  2. Neumoyer v. J.B. Hunt Transp. Servs.

    C. A. N23C-06-050 JRJ (Del. Super. Ct. Jan. 23, 2024)   Cited 1 times

    "Any doubt must be resolved in favor of the movant, but the movant is not allowed to disregard the process of the Court, meaning "a mere showing of negligence or carelessness without a valid reason may be deemed insufficient."McMartin v. Quinn, 2004 WL 249576, at * 1 (Del. Super. Feb. 3, 2004) (internal citations omitted). Cohen v. Brandywine Raceway Ass'n, 238 A.2d 320, 325 (Del. Super. 1968)

  3. O'Brien v. Supervalu, Inc.

    C.A. No. N14C-11-010 MMJ (Del. Super. Ct. Sep. 23, 2015)   Cited 1 times
    Explaining a defendant who is neither an insurance company nor self-insurer is not required to provide notice under 18 Del. C. § 3914

    DeSantis v. Chilkotowsky, 2005 WL 1653640 at *2 (Del. 2005). McMartin v. Quinn, 2004 WL 249576, at *5 (Del. Super.). -------- CONCLUSION

  4. Sens Mech., Inc. v. Dewey Beach Enters., Inc.

    C.A. No.: S13L-12-027 RFS (Del. Super. Ct. Jun. 19, 2015)   Cited 1 times

    See Keener v. Isken, 58 A.3d 407, 409 (Del. 2013); Green Tree Servicing LLC v. Hawkins, 2013 WL 5314996, *1 (Del. Super. Sept. 6, 2013) (quoting McMartin v. Quinn, 2004 WL 249576 at *1 (Del. Super. Feb. 3, 2004); Phillips, 1999 WL 1225245 at *2 (citing Weeks v. Wilson, 577 A.2d 755 (Table) (Del. 1990)). Green Tree Servicing LLC, 2013 WL 5314996, *1 (quoting McMartin, 2004 WL 249576, Phillips, 1999 WL 1225245 at *2 (citing Keystone Fuel Oil Co. v. Del-Way Petroleum, Inc., 364 A.2d 826, 828 (Del.

  5. Rehoboth-By-The-Sea v. Baris

    C.A. No. S15C-02-014 RFS (Del. Super. Ct. Jun. 10, 2015)   Cited 2 times

    Phillips v. Siano, 1999 WL 1225245, *2 (Del. Super. Oct. 29, 1999) (citing Battaglia v. Wilm. Sav. Fund Soc'y, 379 A.2d 1132, 1135 (Del. 1977); Model Fin. Co. v. Barton, 188 A.2d 233 (Del. Super. 1963); Kaiser-Frazer Corp. v. Eaton, 101 A.2d 345 (Del. Super. 1953)). See Keener v. Isken, 58 A.3d 407, 409 (Del. 2013); Green Tree Servicing LLC v. Hawkins, 2013 WL 5314996, *1 (Del. Super. Sept. 6, 2013) (quoting McMartin v. Quinn, 2004 WL 249576 at *1 (Del. Super. Feb. 3, 2004); Phillips, 1999 WL 1225245 at *2 (citing Weeks v. Wilson, 577 A.2d 755 (Table) (Del. 1990)). Green Tree Servicing LLC, 2013 WL 5314996, *1 (quoting McMartin, 2004 WL 249576, Phillips, 1999 WL 1225245 at *2 (citing Keystone Fuel Oil Co. v. Del-Way Petroleum, Inc., 364 A.2d 826, 828 (Del. Super. 1976); Cohen v. Brandywine Raceway, 238 A.2d 320 (1968)).

  6. Emory Hill & Co. v. MRFruz LLC

    C.A. No. N12L-10-021 JRJ (Del. Super. Ct. Sep. 24, 2013)   Cited 10 times
    Stating that lienholder, which had brought suit, did not have standing to argue that plaintiff had failed to notify two additional lienholders (citing Dumler v. Mabe, 1979 WL 193424, at *1-2 (Del. Super. July 5, 1979) (holding that buyers lacked standing to "contest the validity of the foreclosure sale based on a lack of notice to lienholders," and noting that deprivation of property without due process carries constitutional protections and "[t]he authority is overwhelming that constitutional rights are personal and may not be asserted vicariously."))

    Cohen v. Brandywine Raceway Ass'n, 238 A.2d 320, 325 (Del. Super. 1968). McMartin v. Quinn, 2004 WL 249576, at *1 (Del. Super. Feb. 3, 2004) (Stokes, J.) (citing Model Fin. Co. v. Barton, 188 A.2d 233, 234-35 (Del. Super. 1963)).

  7. Insley v. State Farm

    C.A. No. 07C-05-039 JTV (Del. Super. Ct. Dec. 31, 2007)

    Mendiola v. State Farm Mut. Auto. Ins. Co., 2006 Del. Super. LEXIS 181, at *7; Cohen v. Brandywine Raceway Ass'n, 238 A.2d 320, 325 (Del.Super. 1968).Mendiola, 2006 Del. Super. LEXIS 181, at *7-8; see also McMartin v. Quinn, 2004 Del. Super. LEXIS 28, at *10 (noting that the petitioner "need not show definitively that there would have been a different result, just that there is the possibility of a different result").Mendiola, 2006 Del. Super. LEXIS 181, at *8.

  8. Karman v. Board of Adjustment

    C.A. No. 01A-09-002 RFS (Del. Super. Ct. Apr. 26, 2005)

    405 A.2d at 121 (finding motion to vacate default judgment untimely when the plaintiff filed two months after learning of dismissal of case). In McMartin v. Quinn, 2004 WL 249576, it was determined that the Defendant did not act with unreasonable delay, when the Motion for to Vacate Default Judgment was filed within thirty days from when she received notice of the default judgment. In Nanticoke Mem'l Hosp., the Court reopened the case when the Plaintiff made the motion to reopen almost three years after it had originally been dismissed. It seemed to have been swayed by the fact that there would be no prejudice to the defenses of the doctor and the hospital allegedly responsible for the wrongful death.

  9. Boulden Brother's Corp. v. Snipe

    No. CPU4-21-000684 (Del. Com. Pleas Sep. 23, 2021)

    Schremp v. Marvel, 405 A.3d 119 (Del. 1979)(noting that the movant has an obligation to act without unreasonable delay in bringing a motion to vacate default judgment); Green Tree Servicing LLC, 2013 WL 5314996 (finding excusable neglect where the defaulting party filed a motion to vacate approximately 53 days after notice of the entry of default judgment); McMartin, 2004 WL 249576, *3 (finading no unreasonable delay where movant filed a motion for default judgment in less than 30 days from time she received notice of the judgment). See, e.g., McMartin v. Quinn, 2004 WL 249576 (Del. Super. Feb. 3, 2004); Green Tree Servicing LLC v. Hawkins, 2013 W1 5314996 (Del. Super. Sept. 6, 2013).