In re C.S.N.

685 S.W.2d 567

• Court: Missouri Court of Appeals
• Decided: June 5, 1984
• Docket: No. 46163
• Status: Published

Opinions

GARY M. GAERTNER, Special Judge.

This is an appeal from a grant of habeas corpus. S.N. was awarded custody of his two children, C.W.N. and M.S.N. This appeal was taken from that grant of habeas corpus and award of custody.

This Court is obligated to determine whether it has appellate jurisdiction. Frey v. Gabel, 574 S.W.2d 38, 39 (Mo.App.1978). Appellate jurisdiction is lacking. No appeal lies from a decision in a habeas corpus proceeding. Bebee v. State, 619 S.W.2d 363, (Mo.App.1981); Miller v. State, 615 S.W.2d 98 (Mo.App.1981); W. v. M., W. & W., 490 S.W.2d 64 (Mo. banc 1973); Hutchinson v. Wesley, 455 S.W.2d 21 (Mo.App.1970).

The proper remedy in this case is by a writ of certiorari. W. v. M., supra; Hutchinson, supra.

This appeal is dismissed.

DOWD, C.J., concurs. SATZ, J., concurs in separate concurring opinion.