Battaglia v. Wilmington Savings Fund Society

DUFFY, Justice:

This is an appeal from a Superior Court order, entered under Rule 60(b)(1) and (6), 1 opening a judgment entered by default, 2 based upon a finding of inadvertence and excusable neglect.

I

The facts are relatively few and largely undisputed. It appears that plaintiff became a resident-patient at the Delaware State Hospital in 1949 and remained there until about 1973 when she was placed on an out-patient status. At the time of her admission, pursuant to Hospital policy, plaintiff surrendered her personal effects, including a passbook to a savings account which she had with…