JOHN ARDEN CORYELL, JR., APPELLANT,
v.
SANDRA LEE MORRIS AND THOMAS EDWARD MORRIS, APPELLEES
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WHATLEY, Judge.
John Coryell, the father, appeals an order awarding grandparent visitation rights to Sandra and Thomas Morris, his ex-wife’s parents, pursuant to section 752.01(1)(a), Florida Statutes (1997).1 He argues that section 752.01(1)(a) is unconstitutional. The Florida Supreme Court’s decision in Von Eiff v. Azicri, 720 So. 2d 510 (Fla.1998), compels us to reverse. In Von Eijf, the court held that the government may not interfere in a parent’s decision regarding grandparental visitation without a showing of a compelling state interest and that no compelling state interest underlies subsection 752.01(1)(a). 720 So. 2d at 516-517. Therefore, the supreme court concluded that this subsection is facially unconstitutional. Id.
Reversed.
ALTENBERND, A.C.J., and GREEN, J., Concur. . Coryell was divorced from the child's biological mother at the time the mother was murdered in 1997.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lonon v. Ferrell, 739 So. 2d 650 (Fla. 2d DCA 1999)…had the right to impose grandpa-rental visitation in “an intact family.” Id. The supreme court extended the Beagle reasoning to hold section 752.01(l)(a) unconstitutional in Von Eiff v. Azicri, 720 So. 2d 510 (Fla.1998). See also Coryell v. Morris, 730 So. 2d 373 (Fla. 2d DCA 1999). As the court in Von Eiff noted, because privacy is a fundamental right, a statute that infringes on that right is subject to the most stringent standard of review, the “compelling state interest” test. It held that section 752.01…
Authorities Cited
- von Eiff v. Leonor Azicri and Roberto Azicri, 720 So. 2d 510 (Fla. 1998)