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← 829 So. 2d 951 - Sullivan v. Sapp

829 So. 2d 951 - Sullivan v. Sapp’s Empirical Analysis

2002

Citation profile

2
cited by 2 later decisions
1
states following
January 2004
most recently cited

2 state decisions

Relationships

Relies on 678 So. 2d 1271 - Beagle v. Beagle · 720 So. 2d 510 - Von Eiff v. Azicri · 766 So. 2d 1036 - Richardson v. Richardson · 753 So. 2d 26 - Saul v. Brunetti · 705 So. 2d 996 - Spence v. Stewart

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “In effect, section 61.13(7) treats grandparents and natural parents alike by giving grandparents custody rights equal to those of a parent, and allows courts to make its custody determination between parents and grandparents based solely on the best interest of the child standard. The grant of such rights to grandparents is unconstitutional under our reasoning in Von Eiff because it also interferes with the natural parent's fundamental right to privacy in rearing one's own child, a right this Court found to exist under article I, section 23 of the Florida Constitution. See Von Eiff. Hence, we find no valid basis to distinguish the custody statute we consider here from the visitation statute we considered in Von Eiff and Beagle , except for the fact the custody statute is even more intrusive upon a parent's rights.”
    1 later decision quote this exact passage · from the majority
  2. “fails to survive the compelling state interest test required by Beagle and is facially unconstitutional as it impermissibly infringes on privacy rights protected by Article I, section 23 of the Florida Constitution.”
    1 later decision quote this exact passage · from the majority
  3. “is facially unconstitutional in that it intrudes on the father's fundamental privacy right to raise his child free from governmental interference.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.