ALAN STEIN, APPELLANT,
v.
SANDRA STEIN, APPELLEE
Explore caselaw by topic → Browse Extraterritorial Jurisdiction cases and more on FLexlaw
PER CURIAM.
The trial judge in Broward County, Florida issued a writ of habeas corpus commanding that a minor child be, forthwith, returned to her mother in Fort Lauderdale, Florida from Juneau, Alaska. We reverse.
Simply stated, a Florida Circuit Court lacks jurisdiction to issue such a writ when it is to be executed beyond the territorial jurisdiction of the court. Newman v. Hornsby, 385 So. 2d 1106, 1108 (Fla. 5th DCA 1980). As a consequence, we must quash the writ. However, we do so without prejudice to the parties to proceed under section 61.1324, Florida Statutes (1987). Likewise, this opinion is not intended to prejudice, preclude or curtail any other proceedings scheduled to be held in the Seventeenth Judicial Circuit of Florida.
In all other respects, this cause is affirmed.
LETTS, DELL and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Campbell v. Fla. Parole Comm'n, 630 So. 2d 1210 (Fla. 1st DCA 1994)…ue 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 this claim and should have refrained from ruling on the merits…
-
Maja Stock v. Stock, 677 So. 2d 1341 (Fla. 4th DCA 1996)…emedy because there had not been [*1348] a prior legal determination as to custody. We also note that the Florida court would be without jurisdiction to issue a writ for execution beyond the territorial jurisdiction of the court. See Stein v. Stein, 537 So. 2d 613 (Fla. 4th DCA 1988). The father did not convert his ex parte habeas petition into a dissolution and custody action by filing an amended pleading and serving the mother. Instead, the father abandoned the habeas proceeding and filed a separate dissol…
-
In the Interest of P.A.G. v. M.G., 584 So. 2d 600 (Fla. 2d DCA 1991)…d 1309 (Fla. 1st DCA 1987). From our record it is impossible to know the current location of the child. Thus, it is possible that Pinellas County would not be a proper forum in which ultimately to request a writ of habeas corpus. See Stein v. Stein, 537 So. 2d 613 (Fla. 4th DCA 1988); Young v. Simmons, 506 So. 2d 434 (Fla. 2d DCA 1987).…
Authorities Cited
- Newman v. Hornsby, 385 So. 2d 1106 (Fla. 5th DCA 1980)
- Hornsby v. The Honorable H. Eugene Fischer, 385 So. 2d 1106 (Fla. 4th DCA 1980)