Roberts v. Davis, 328 So. 2d 879

John W. Burton, Wauchula, for appellant.

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

PER CURIAM.

Bonita 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.

We 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

Accordingly, 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.

Reversed in part; affirmed in part.

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

Notes

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.

Case Details

Case Name: Roberts v. Davis

Court Name: District Court of Appeal of Florida

Date Published: Mar 24, 1976

Citations: 328 So. 2d 879; 75-993

Docket Number: 75-993

Court Abbreviation: Fla. Dist. Ct. App.