Stein v. Stein

Full title: ALAN STEIN, APPELLANT, v. SANDRA STEIN, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 15, 1989

537 So. 2d 613 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-3043.

December 7, 1988. Clarification Denied February 15, 1989.

Appeal from the Circuit Court, Broward County, Irwin Berkowitz, J.

Howard S. Gaines of Howard S. Gaines, P.A., Sunrise, for appellant.

Paul S. Adams, Fort Lauderdale, for appellee.

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.