MATTHEW JOSEPH MALISKA, PETITIONER,
v.
VIRGINIA GAY BROOME, CIRCUIT COURT JUDGE FOR THE FIFTEENTH JUDICIAL CIRCUIT OF AND FOR PALM BEACH COUNTY, RESPONDENT
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PER CURIAM.
The petition for writ of prohibition is denied. The circuit court has continuing jurisdiction over its “custody determinations” which by statutory definition includes visitation orders. See Fla.Stat. § 61.1306(2). Therefore, the court had continuing jurisdiction over the father and the minor child until that jurisdiction was relinquished under the provisions of the U.C.C.J.A. See Yurgel v. Yurgel, 572 So. 2d 1327 (Fla.1990); Roby v. Nelson, 562 So. 2d 375 (Fla. 4th DCA 1990). Prohibition is not an appropriate remedy to address an erroneous exercise of jurisdiction where there is a complete and adequate remedy available by appeal. Bondurant v. Geek-er, 499 So. 2d 909 (Fla. 1st DCA 1986); State ex rel. Dept. of Health and Rehabilitative Services v. Nourse, 489 So. 2d 1214 (Fla. 4th DCA 1986).1
DOWNEY, DELL and WARNER, JJ., concur. . Certiorari might have been available on the grounds that the order granting custody departed from the essential requirements of law, but this petition is untimely being treated as a petition for writ of certiorari. Furthermore, appeals have been filed from the orders of the trial court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Symons v. Symons, 7 So. 3d 546 (Fla. 3d DCA 2008)…of certiorari as long as the petition was filed within thirty days of rendition of the order under review. See Daniel v. Garrison, 894 So. 2d 308 (Fla. 3d DCA 2005); N. Shore Med. Ctr. v. Capua, 634 So. 2d 1141 (Fla. 3d DCA 1994); Maliska v. Broome, 609 So. 2d 711 (Fla. 4th DCA 1992). Because the order under review was entered on August 21, 2008, and the petition was filed on August 28, 2008, I would exercise this Court’s discretion and treat the mother’s petition for a writ of prohibition as a timely filed p…
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Marion Cnty. v. Grunnah, 962 So. 2d 931 (Fla. 5th DCA 2007)…quash the writ of prohibition. REVERSED; WRIT QUASHED. PLEUS and ORFINGER, JJ., concur. . Appellee concedes that her petition to the circuit court could not be treated as seeking certiorari because it was not timely filed. See Maliska v. Broome, 609 So. 2d 711, 711 n. 1 (Fla. 4th DCA 1992); Lawrence v. Orange County, 404 So. 2d 421 (Fla. 5th DCA 1981).…
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Zoye Edrington v. Honorable Gerald D. Hubbart, 640 So. 2d 1224 (Fla. 3d DCA 1994)…r Ratifying Report of General Master and Overruling Exceptions which modified custody of the minor child, we affirm the order. See Yurgel v. Yurgel, 572 So. 2d 1327 (Fla.1990); Booker v. Booker, 636 So. 2d 796 (Fla. 1st DCA 1994); Maliska v. Broome, 609 So. 2d 711 (Fla. 4th DCA 1992); Steward v. Steward, 588 So. 2d 692 (Fla. 5th DCA 1991). Affirmed.…
Authorities Cited
- Rona E. Yurgel v. Yurgel, 572 So. 2d 1327 (Fla. 1990)
- Robert E. Bondurant, M.D. v. The Honorable Nicholas P. Geeker, 499 So. 2d 909 (Fla. 1st DCA 1986)
- State v. Nourse, 489 So. 2d 1214 (Fla. 4th DCA 1986)
- Roby v. Nelson, 562 So. 2d 375 (Fla. 4th DCA 1990)