BONITA F. ROBERTS, APPELLANT,
v.
HAROLD JEROME DAVIS AND WIFE, FRANCES B. DAVIS, APPELLEES
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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. . 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Behn v. Timmons, 345 So. 2d 388 (Fla. 1st DCA 1977)…a grandchild: Parker v. Gates, 89 Fla. 76, 103 So. 126 (1925); Lee v. Kepler, 197 So. 2d 570 (Fla. 3rd DCA 1967); Rodriguez v. Rodriguez, 295 So. 2d 328 (Fla. 3rd DCA 1974); Sheehy v. Sheehy, 325 So. 2d 12 (Fla. 2nd DCA 1975); and Roberts v. Davis, 328 So. 2d 879 (Fla. 2nd DCA 1976). Although the author of this opinion is not in accord with the foregoing principle of law expressed, it is logical that if a grandparent is not entitled to be awarded the right of visitation, such grandparent certainly is not ent…
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Alba Calderon v. D'Amaris Torres, 445 So. 2d 1040 (Fla. 3d DCA 1984)…natural mother in this adoption proceeding, as plainly "the natural mother by statute lost all parental right to the child under Section 63.172, Florida Statutes (1981), including visitation rights, when the adoption became final. Roberts v. Davis, 328 So. 2d 879 (Fla. 2d DCA 1976); Jones v. Allen, 277 So. 2d 599 (Fla. 2d DCA 1973); see also Adoption of K.A.M., 367 So. 2d 744 (Fla. 2d DCA 1979). The order under review is reversed and the cause is remanded to the trial court with directions to vacate the ord…
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In re Adoption OF K. A. M., 367 So. 2d 744 (Fla. 2d DCA 1979)…t the adopted child. We stated: Although the new parents are perfectly free to allow anyone they wish to visit their daughter we can find no legal authority for compelling them to do so once the final adoption is entered. Accord, Roberts v. Davis, 328 So. 2d 879 (Fla. 2d DCA 1976). The newly enacted Ch. 78-5, Laws of Florida, does not contain authority for visitation rights in adoption cases. The first section of this bill1 pertains only to custody matters in dissolution proceedings, and the second section…
Authorities Cited
- Sheehy v. Sheehy, 325 So. 2d 12 (Fla. 2d DCA 1975)
- Jones v. Otis W. Allen and his wife, 277 So. 2d 599 (Fla. 2d DCA 1973)