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HAUSPIE v. STONINGTON PARTNERS, INC.

No. 527, 2003.

945 A.2d 584 (2008)

Pol HAUSPIE and Nico Willaert, Defendants Below, Appellants, v. STONINGTON PARTNERS, INC., Stonington Appreciation 1994 Fund, L.P., and Stonington Holdings, L.L.C., Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: March 7, 2008.

Attorney(s) appearing for the Case

Donald H. Chase, Esquire (argued) of Morrison Cohen, LLP, New York City; Neal J. Levitsky, Esquire of Fox Rothschild, LLP, Wilmington, DE, for Appellant Nico Willaert.

Max W. Berger, Esquire, Steven B. Singer, Esquire and Avi Josefson, Esquire (argued) of Bernstein Litowitz Berger & Grossmann, LLP, New York City; David C. McBride, Esquire, John W. Shaw, Esquire and Kristen Salvatore DePalma, Esquire of Young Conway Stargatt & Taylor, LLP, Wilmington, DE, for Appellees.

Before STEELE, Chief Justice, BERGER and RIDGELY, Justices.

BERGER, Justice:

In this appeal we consider whether a default judgment in excess of $750 million must be vacated. Appellant raised numerous arguments in the Court of Chancery, and again on appeal, such as defects in the service of process, the alleged unenforceability of any judgment, and excusable neglect. The trial court correctly rejected those arguments. We conclude, however, that the complaint on which the default judgment was predicated fails to allege fraud...

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