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KEENER v. ISKEN

No. 609, 2011.

58 A.3d 407 (2013)

James H. KEENER and Xtreme Construction, Inc., Plaintiffs Below, Appellants, v. Paul ISKEN and Joan Isken, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: January 2, 2013.

Attorney(s) appearing for the Case

Lawrence Lee Wentz, Esquire , Wilmington, Delaware for Appellants.

Sean T. O'Kelly, Esquire and Ryan M. Ernst, Esquire , O'Kelly Ernst Bielli & Wallen, LLC, Wilmington, Delaware for Appellees.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

BERGER, Justice:

In this appeal, we consider whether the Superior Court abused its discretion in refusing to reopen a summary judgment entered against appellants after they missed the deadline for filing a response to appellees' motion. Appellants mistakenly believed that they had 20 additional days to respond because appellees filed supplemental materials two weeks after filing their motion. The trial court apparently accepted the fact that appellants had made a...

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