Opinion
No. 75-993.
March 24, 1976.
Appeal from the Circuit Court, Manatee County, Evelyn Gobbie, J.
John W. Burton, Wauchula, for appellant.
W. Daniel Kearney of Kearney, Matthews Mulock, Bradenton, for appellees.
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.
See Jones v. Allen (Fla.App.2d 1973), 277 So.2d 599. Cf., Sheehy v. Sheehy (Fla.App.2d 1975), 325 So.2d 12 and cases cited therein.
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.