Heimer v. Heimer
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The Supreme Court affirmed in part and reversed in part the judgments of the district court granting in part and denying in part Mother's fifth motion for order to show cause and finding Father in contempt of court upon Mother's sixth motion to show cause, holding that the district court abused its discretion in awarding Mother $100 in attorney fees.
After Mother and Father divorced Mother filed several post-divorce motions in the district court. At issue was her latest two motions - her fifth and sixth motion for order to show cause why Father should not be held in contempt for allegedly harassing communications since their divorce. The district court granted in part Mother's fifth motion and awarded her $100 in attorney fees. Upon Mother's sixth motion to show cause the district court found Father in contempt of court and awarded Mother attorney fees. The Supreme Court primarily affirmed, holding that the district court (1) did not violate Mother's due process rights in refusing to consider Mother's exhibits at the hearing on the fifth motion; (2) did not err when it refused to visit its ruling on the fifth motion; and (3) abused its discretion when it awarded Mother $100 in attorney fees related to her fifth motion without explanation.
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