S.S., NATURAL FATHER OF T.S., A MINOR CHILD, APPELLANT,
v.
J.M.N., GRANDPARENT OF T.S., A MINOR CHILD, APPELLEE
S.S., NATURAL FATHER OF T.S., A MINOR CHILD, APPELLANT,
J.M.N., GRANDPARENT OF T.S., A MINOR CHILD, APPELLEE
703 So. 2d 1212
Florida District Court of Appeal, First District (1997)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We deny the petition for a writ of certiorari on the authority of Sketo v. Brown, 559 So. 2d 381 (Fla. 1st DCA 1990). However, we certify conflict with Fitts v. Poe, 699 So. 2d 348 (Fla. 5th DCA 1997), and we certify the same question certified in Von Eiff v. Azicri, 699 So. 2d 772, 778 (Fla. 3d DCA 1997):
MAY THE STATE CONSTITUTIONALLY ALLOW REASONABLE GRANDPARENT VISITATION WHERE ONE OR BOTH PARENTS OF A CHILD ARE DECEASED AND VISITATION IS DE TERMINED TO BE IN THE BEST INTERESTS OF THE CHILD?
ALLEN, WEBSTER and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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von Eiff v. Leonor Azicri and Roberto Azicri, 720 So. 2d 510 (Fla. 1998)…2d 933, 934 (Fla. 4th DCA 1998), review granted, 722 So. 2d 193 (Fla.1998); Fitts v. Poe, 699 So. 2d 348, 348 (Fla. 5th DCA 1997). The First District has aligned itself with the Von Eiff majority, certifying conflict with Fitts. See S.S. v. J.M.N., 703 So. 2d 1212, 1212 (Fla. 1st DCA 1997); see also Sketo v. Brown, 559 So. 2d 381 (Fla. 1st DCA 1990). [*513] ANALYSIS The United States Supreme Court has recognized, as one aspect of the liberty interest protected by the Due Process Clause of the Fourteenth Amen…
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Williams v. Spears, 719 So. 2d 1236 (Fla. 1st DCA 1998)…at 1276. This court, however, has recently taken the view that Sketo is still viable and has certified to the supreme court the question of the constitutionality of court-ordered visitation where one or both parents are deceased. See S.S. v. J.M.N., 703 So. 2d 1212 (Fla. 1st DCA. 1997). S.S., like the present ease, arose on a petition for writ of certiorari. In Von Eiff v. Azicri, the Third District upheld the constitutionality of court-ordered visitation in the case of a deceased parent. 699 So. 2d 772 (Fla.…1 / 2
Authorities Cited
- Sketo v. Brown, 559 So. 2d 381 (Fla. 1st DCA 1990)
- Jere Fitts and Jane Fitts v. POE, 699 So. 2d 348 (Fla. 5th DCA 1997)
- von Eiff v. Leonor Azicri and Roberto Azicri, 699 So. 2d 772 (Fla. 3d DCA 1997)