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510 So. 2d 371

510 So.2d 371

12 Fla.L.Weekly 1872

Spear v. Spear

District Court of Appeal of Florida · decided 1987-07-29

Relies on Wells ex rel. Walton County v. Ward · Haley v. Edwards · Marshall v. Marshall

Good law ✅— No negative treatment on recordhow we know

Decided 1987-07-29

How this case has been cited

Cited by 8 later decisions — most recently October 2014

8 state decisions

601987199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1We 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.

¶2Prohibition granted.1

¶3. We are sure it will not be necessary to issue the formal writ.

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