Roberts v. Davis
This text of 328 So. 2d 879 (Roberts v. Davis) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Bonita F. ROBERTS, Appellant,
v.
Harold Jerome DAVIS and Wife, Frances B. Davis, Appellees.
District Court of Appeal of Florida, Second District.
*880 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.
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