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APARTMENT COMMUNITIES CORP. v. MARTINELLI

No. 105,2004.

859 A.2d 67 (2004)

APARTMENT COMMUNITIES CORPORATION d/b/a Harbor House Apartments, a Delaware corporation, Defendant Below, Appellant, v. Dennis E. MARTINELLI and Angela Martinelli, husband and wife, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: October 5, 2004.

Attorney(s) appearing for the Case

Daniel R. Losco, Esquire and Margaret F. England, Esquire, Losco & Marconi, P.A., Wilmington, Delaware, for appellant.

Joseph W. Benson, Esquire and Andrew G. Ahern, III, Esquire, Joseph W. Benson, P.A., Wilmington, Delaware, for appellees.

Before HOLLAND, BERGER and JACOBS, Justices.

HOLLAND, Justice.

This is an appeal from a final judgment. The Superior Court denied the defendant-appellant's, Apartment Communities Corporation ("ACC"), motion to vacate the default judgment entered against them in favor of the plaintiff-appellees, Dennis E. Martinelli and Angela Martinelli. ACC has raised two issues in this appeal. First, ACC argues that the Superior Court abused its discretion in denying its motion to set aside the default judgment. Second, ACC...

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