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SIMBURGER v. SIMBURGER

No. 20050032.

701 N.W.2d 880 (2005)

2005 ND 139

Shelly D. SIMBURGER, Plaintiff and Appellee v. Donald SIMBURGER, Defendant and Appellant.

Supreme Court of North Dakota.

July 25, 2005.

Attorney(s) appearing for the Case

Daniel H. Oster of Neubauer & Oster, Bismarck, N.D., for defendant and appellant.

Clark J. Bormann of Bormann & Myerchin, L.L.P., Bismarck, N.D., for plaintiff and appellee.

MARING, Justice.

Donald Simburger appeals from a trial court order denying his motion to amend the divorce judgment to modify visitation of the parties' youngest child and ordering him to pay attorney's fees. We affirm in part, reverse in part, and remand.

I

[¶ 2] In May 2000, Donald Simburger and Shelly Simburger were divorced based on a stipulation after a twenty-four-year marriage. Before the divorce, in March 2000, Shelly filed for and was...

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