328 SO2D 879 - Roberts v. Davis

How this case has been cited

Cited by 4 later decisions — most recently November 1994

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *880 John W. Burton, Wauchula, for appellant.

¶2W. Daniel Kearney of Kearney, Matthews & Mulock, Bradenton, for appellees.

¶3PER CURIAM.

¶4Bonita Roberts, the natural mother of Troy and Deanna Davis, minors, appeals from the award of visitation privileges given appellees-paternal grandparents in a final judgment which otherwise denied a petition to adopt said minors brought by the grandparents. The grandparents cross-appeal the denial of the adoption.

¶5We reject the cross-appeal and affirm the denial of the petition; but we are compelled to reverse the judgment insofar as it seeks to confer visitation rights on the grandparents. That portion of the order is unjustified and unenforceable.^[1]

¶6Accordingly, the cause is remanded for deletion of the visitation privileges awarded appellees. In all other respects the judgment should be, and it is hereby, affirmed.

¶7Reversed in part; affirmed in part.

¶8McNULTY, C.J., and GRIMES and SCHEB, JJ., concur.

NOTES

¶9[1] See Jones v. Allen (Fla.App.2nd, 1973), 277 So.2d 599. Cf., Sheehy v. Sheehy (Fla.App.2nd, 1975), 325 So.2d 12 and cases cited therein.