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SWEENEY v. SWEENEY

No. 20040142.

693 N.W.2d 29 (2005)

2005 ND 47

Danni Jane SWEENEY, n/k/a Danni Jane Lynch, Plaintiff and Appellee v. David James SWEENEY, Defendant and Appellant.

Supreme Court of North Dakota.

March 4, 2005.

Attorney(s) appearing for the Case

Irvin B. Nodland, P.C., Bismarck, N.D., for plaintiff and appellee.

Charles L. Neff, Neff, Eiken & Neff, P.C., Williston, N.D., for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] David Sweeney appealed from a district court judgment, entered upon remand by this Court, denying his request for litigation costs and attorney fees. We hold the trial court abused its discretion in denying Sweeney's request for costs and attorney fees, under N.D.C.C. § 14-09-24, against Danni (Sweeney) Lynch for her willful and persistent denial of Sweeney's visitation rights with their child. We reverse and remand for entry of...

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