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SMITH v. GROLESKE

No. S-12628.

196 P.3d 1102 (2008)

Kathleen SMITH, Appellant, v. Joseph GROLESKE, Appellee.

Supreme Court of Alaska.

December 5, 2008.

Attorney(s) appearing for the Case

Carol A. Brenckle, Law Offices of Carol A. Brenckle, Kenai, for Appellant.

Phil N. Nash, Law Offices of Phil N. Nash, Kenai, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, CARPENETI, and WINFREE, Justices.

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,...

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