Wileman v. Signal Finance Corp.

HERRMANN, Chief Justice:

This is an appeal from an order of the Superior Court denying an award of attorney’s fees sought pursuant to Superior Court Civil Rule 37.

I

The plaintiff, Signal Finance Corp., brought an action against the defendants, Donald and Jean Wileman, alleging breach of a promissory note. The defendants answered by alleging that plaintiff had ceased to do business in Delaware, thus preventing the defendants from making payments on the note, and initiated discovery by serving interrogatories upon the plaintiff.

After plaintiff failed to respond within 60 days, the defendants…