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CAMBURN v. SMITH

No. 25701.

355 S.C. 574 (2003)

586 S.E.2d 565

Benjamin Burrus Anthony CAMBURN and Bethanne Camburn, Respondents, v. Susan Lynn SMITH, Stephen Biebel, Terry Smith, and David Markley, of whom Susan Lynn Smith and Terry Smith are Appellants. In re Laura Biebel a/k/a Laura Biebel-Smith, Kacie Smith, and David Markley, minor children.

Supreme Court of South Carolina.

Decided August 18, 2003.

Rehearing Denied October 8, 2003.

Attorney(s) appearing for the Case

Irby E. Walker, Jr., of Conway, for appellant.

Anita R. Floyd, of Conway, for respondent.

Deborah B. Dantzler, of Conway, guardian ad litem for minors Laura Biebel and Kacie Smith.

Randall K. Mullins, of N. Myrtle Beach, guardian ad litem for minor David Markley.

Acting Chief Justice MOORE.

Appellants (Mother and Husband) appeal the family court's order allowing respondents (Grandparents) visitation with Mother's three children pursuant to S.C.Code Ann. § 20-7-420(33) (Supp.2002). Appellants contend the statute was unconstitutionally applied. We agree and reverse.

FACTS

Grandparents, who are Mother's parents, brought this action in January 2001 seeking visitation with their grandchildren—Laura...

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