KATHY DIANNE NEWMAN, PETITIONER,
v.
JAMES RUSSELL HORNSBY AND MELVIN COLEMAN, SHERIFF OF ORANGE COUNTY, FLORIDA, RESPONDENTS
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PER CURIAM.
In her petition for writ of habeas corpus petitioner seeks our writ to compel the father of the natural child of the parties to have the said child before the Circuit Court of the Seventeenth Judicial Circuit of Florida for the purpose of determining entitlement to custody. Although we make no determination at this time of the ultimate issues involved in this jurisdictional dispute between two different circuit courts we feel that petitioner has failed to demonstrate to our satisfaction that the child is being illegally detained by the natural father or that the child’s presence in either court is necessary for the trial court’s determination of custody entitlement. Accordingly, the petition for writ of habeas corpus is denied.
Respondent’s counter-petition for our writ of prohibition against a party who has not been served and is not a party to this cause is denied without prejudice.
HABEAS CORPUS DENIED; PROHIBITION DENIED WITHOUT PREJUDICE.
ANSTEAD, LETTS and MOORE, JJ., concur.
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Hana Sargi v. Ali Hernandez, 939 So. 2d 179 (Fla. 3d DCA 2006)…e circumstances, habeas relief was improper. See Stock v. Stock, 677 So. 2d 1341, 1347-48 (Fla. 4th DCA 1996) (observing “habeas corpus was an improper remedy because there had not been a prior legal determination as to custody”); Newman v. Hornsby, 370 So. 2d 1165 (Fla. 4th DCA 1979) (rejecting mother’s petition for habeas relief after concluding that evidence was not sufficient to demonstrate that child was being illegally detained by natural father or that child’s presence in court was necessary for “determ…