Smith v. Koolidge

We affirm the trial court’s dismissal of Smith’s petition for grandparent visitation based on Saul v. Brunetti, 753 So.2d 26 (Fla.2000).

Smith sought grandparent visitation pursuant to section 752.01(l)(d), Florida Statutes (1999),1 stating that her grandchild had been born out of wedlock. A paternity action between the child’s parents was pending at the time. When the parents reached an agreement and reconciled, a final judgment on paternity was rendered, and the trial court dismissed Smith’s petition.

Saul rendered section 752.01(l)(d) unconstitutional. 753 So.2d at 29. Smith asserts,…