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Branch Banking & Trust Co. v. Eid

Supreme Court of Delaware

May 4, 2015

BRANCH BANKING AND TRUST COMPANY, a bank organized under the laws of the State of North Carolina existing under the laws of the State of North Carolina; Assignee of Mortgage Electronic Registration Systems, Inc. as nominee, a corporation organized and existing under the laws of the State of Delaware, Plaintiff Below, Appellant/Cross-Appellee,
v.
HATEM G. EID a/k/a HATEM EID; and YVETTE EID, Defendants Below, Appellees/Cross-Appellants

Submitted March 11, 2015

Case Closed May 20, 2015.

Court Below: Superior Court of the State of Delaware, in and for New Castle County. C.A. No. N11L-12-270-CEB.

REVERSED.

Robert T. Aulgur, Jr., Esquire, Whittington & Aulgur, Middletown, Delaware, for Appellant, Cross-Appellee.

Of Michael Montecalvo, Esquire (argued) and Brent F. Powell, Esquire, Womble Carlyle Sandridge & Rice LLP, Winston-Salem, North Carolina.

Stephen B. Brauerman, Esquire, Kara M. Swasey, Esquire and Vanessa Tiradentes, Esquire, Bayard, P.A., Wilmington, Delaware, for Appellees, Cross-Appellants.

Of W. Jeffrey Barnes, Esquire (argued), W. J. Barnes, P.A., Beverly Hills, California.

Before STRINE, Chief Justice; HOLLAND and VALIHURA, Justices.

OPINION

Page 956

VALIHURA, Justice.

FACTUAL AND PROCEDURAL HISTORY

On June 13, 2013, the Superior Court granted Branch Banking and Trust Company's (" BB& T" ) motion for summary judgment on its foreclosure and breach of contract claims.[1] On July 11, 2013, before the trial court entered a final judgment that included a damages award, Hatem and Yvette Eid (collectively, the " Eids" ) filed an amended notice of appeal to this Court from the Superior Court's order granting summary judgment. This Court issued a notice to show cause as to why the appeal was not interlocutory. The parties thereafter stipulated to the dismissal of the appeal. On March 20, 2014, the Superior Court entered a final judgment order awarding damages to BB& T. The Eids failed to file a timely notice of appeal from the March 20, 2014, order. Instead, on May 30, 2014, a little over two months after the entry of the final judgment order, the Eids filed a motion with the Superior Court under Rule 60(b) seeking vacatur of the final judgment order, contending that their counsel never received actual notice of the final judgment order. On June 19, 2014, the Superior Court granted the Eids' motion to vacate.

On July 21, 2014, the trial court entered a new final judgment order from which the Eids could file a timely notice of appeal. On July 21, 2014, BB& T filed an appeal from the Superior Court's grant of the Rule 60(b) motion to vacate, and on July 29, 2014, the Eids filed a ...


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