J. RUSSELL HORNSBY, PETITIONER,

v.

THE HONORABLE H. EUGENE FISCHER, CIRCUIT JUDGE, BROWARD COUNTY, FLORIDA, RESPONDENT

Citator

Cited By

• Raley v. State, 675 So. 2d 170 (Fla. 5th DCA 1996)
  …Mr. Raley-should have pursued habeas corpus relief in Volusia County where he is detained and where the writ, if issued, would have been executed. Campbell v. Florida Parole Commission, 630 So. 2d 1210 (Fla. 1st DCA 1994). Accord Neuman v. Hornsby, 385 So. 2d 1106 (Fla. 5th DCA 1980). The trial court properly recognized that it lacked authority to rule upon a petition for writ of habeas corpus filed by a prisoner detained outside the court’s territorial jurisdiction. Savage v. State, 662 So. 2d 750 (Fla. 4th…
• Alachua Reg'l Juv. Detention Ctr. v. T.O., 684 So. 2d 814 (Fla. 1996)
  …se No. 95-672 (Fla. 5th DCA March 16, 1995) (order transferring cause to First District Court of Appeal because Alachua County not within court’s territorial jurisdiction; petition subsequently dismissed after detainee's release); Newman v. Hornsby, 385 So. 2d 1106 (Fla. 5th DCA 1980) (child custody suit). . This opinion should not be construed to supplant the requirements of Florida Rule of Criminal Procedure 3.850(h), which states: (h) Habeas Corpus. An application for writ of habeas corpus on behalf of a…
• Campbell v. Fla. Parole Comm'n, 630 So. 2d 1210 (Fla. 1st DCA 1994)
  …9, Fla.Stat. (1991). Because the authority of the court to issue a writ is limited to its territorial jurisdiction, the court lacks jurisdiction where the writ would have to be executed beyond the court’s territorial jurisdiction. Newman v. Hornsby, 385 So. 2d 1106,1108 (Fla. 5th DCA 1980); see Stein v. Stein, 537 So. 2d 613 (Fla. 4th DCA 1988). In this case, the appellant is incarcerated in Charlotte County, but filed his mandamus action in Leon County. The court below was therefore without jurisdiction on th…

Authorities Cited

• Newman v. Hornsby, 385 So. 2d 1106 (Fla. 5th DCA 1980)