Sullivan's daughter, Adrienne, and Sapp had a child together out-of-wedlock. Adrienne filed a paternity action against Sapp. After the trial court had issued a judgment in the paternity action, but during the pendency of a motion for rehearing filed by Adrienne, Adrienne died in an automobile accident. Sapp took custody of the child and Sullivan filed a motion to intervene in the paternity action, seeking grandparent visitation pursuant to a Florida statute. The trial court denied the motion to intervene. The First District affirmed, and expressly declared the statute unconstitutional as violative of the father's right of privacy.