564 So. 2d 518 | Fla. Dist. Ct. App. | 1990
CORRECTED OPINION
We deny the petition for writ of mandamus to compel the trial court to grant emergency motions filed by petitioner-father seeking temporary custody of his children pending a final judgment in this custody battle. The trial judge determined that even though there was home state jurisdiction in this case, he could not enter a temporary order on an emergency basis because of the absence of the child from the state, citing section 61.1308(l)(c), Florida Statutes (1987). This section is a seldom used provision for a court to assert jurisdiction but which does not prevent a court from hearing an emergency motion once the court finds it has homestate jurisdiction. However, despite the misapplication of section 61.1308(l)(c), Florida Statutes (1987), the trial court additionally de
The petition for writ of mandamus is denied.