Smith v. Groleske

OPINION

WINFREE, Justice.

I. INTRODUCTION

Following a post-divorce visitation dispute, the superior court entered judgment awarding statutory visitation damages and attorney's fees and costs without a requested evidentiary hearing. A subsequent request for reconsideration was denied. Because it was error to enter sanctions without a requested evidentiary hearing and because the court used the wrong statute as the basis for its judgment, it was an abuse of discretion to deny reconsideration. We therefore vacate the judgment and remand for an appropriate evidentiary hearing.

II. FACTS AND…