Spear v. Spear

District Court of Appeal of Florida

Spear v. Spear

510 So. 2d 371, 12 Fla. L. Weekly 1872, 1987 Fla. App. LEXIS 9698

CourtDistrict Court of Appeal of Florida

DecidedJuly 29, 1987

DocketNo. 87-1525

StatusPublished

Cited by4 cases

This text of 510 So. 2d 371 (Spear v. Spear) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Spear v. Spear, 510 So. 2d 371, 12 Fla. L. Weekly 1872, 1987 Fla. App. LEXIS 9698 (Fla. Ct. App. 1987).

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Opinion

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

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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

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Bluebook (online)

510 So. 2d 371, 12 Fla. L. Weekly 1872, 1987 Fla. App. LEXIS 9698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spear-v-spear-fladistctapp-1987.

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