PAULA SPEAR, PETITIONER,
v.
CLIFFORD SPEAR, RESPONDENT
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PER CURIAM.
We treat this petition for certiorari as one seeking a writ of prohibition. See Fla. R.App.P. 9.040(c). Upon the holding that, as timely asserted by the mother below, the Dade County Circuit Court lacked jurisdiction to entertain a petition for habeas corpus seeking to test and modify the custody of the parties’ minor child as determined in an extant Broward County final judgment of dissolution, Wells v. Ward, 314 So. 2d 138 (Fla.1975); Lazar v. Lindsey, 510 So. 2d 981 (Fla. 4th DCA 1987); Marshall v. Marshall, 404 So. 2d 1182 (Fla. 2d DCA 1981); Haley v. Edwards, 233 So. 2d 647 (Fla. 4th DCA 1970), we grant prohibition precluding the lower court from further proceedings herein and requiring it to vacate its previous orders and dismiss the cause.
Prohibition granted.1
. We are sure it will not be necessary to issue the formal writ.
Cases With Similar Vibessemantic neighbors from the corpus
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Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)…enerally, when all of the reasons stated by the trial court in support of departure are found invalid, resentencing following remand must be within the presumptive guidelines sentence. Williams v. State, 492 So. 2d 1308 (Fla.1986); Foister v. State, 510 So. 2d 371 (Fla. 1st DCA 1987); Royal v. State, 508 So. 2d 1313 (Fla. 2d DCA 1987); Carter v. State; 485 So. 2d 1292 (Fla. 4th DCA), rev. denied, 494 So. 2d 1149 (Fla.1986). Some of our district courts, however, have distinguished the situation where the only…
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Hall v. State, 511 So. 2d 1038 (Fla. 1st DCA 1987)…ra. . The supreme court opinion in Williams v. State, 492 So. 2d 1308 (Fla.1986) indicates that when each reason for departure is found invalid by the appellate court, resentencing on remand must be within the guidelines. See also Foister v. State, 510 So. 2d 371 (Fla. 1st DCA 1987). We view that holding to be inapplicable to this case because the sole reason for departure stated by the trial court had been judicially approved and the state might well be able to present additional evidence of other clear and…
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Bryant v. State, 148 So. 3d 1251 (Fla. 2014)…hat “[generally, when all of the reasons stated by the trial court in support of departure are found invalid, resentencing following remand must be within the presumptive guidelines sentence.” Id. (citing Williams, 492 So. 2d 1308; Foister v. State, 510 So. 2d 371 (Fla. 1st DCA 1987); Royal v. State, 508 So. 2d 1313 (Fla. 2d DCA 1987); Carter v. State, 485 So. 2d 1292 (Fla. 4th DCA), rev. denied, 494 So. 2d 1149 (Fla.1986)). We further observed that some district courts were distinguishing “the situation wher…
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- Honorable Clyde B. Wells v. Ward, 314 So. 2d 138 (Fla. 1975)
- Haley v. Hon. Claude R. Edwards, 233 So. 2d 647 (Fla. 4th DCA 1970)
- Marshall v. Marshall, 404 So. 2d 1182 (Fla. 2d DCA 1981)
- Dixon v. Amerifirst Fed. Sav. & Loan Ass'n, 510 So. 2d 981 (Fla. 4th DCA 1987)