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BENSON v. EVANS

No. 4D05-982.

901 So.2d 893 (2005)

Todd M. BENSON, Petitioner, v. Kristina Shoffit EVANS, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 1, 2005.

Attorney(s) appearing for the Case

Jeanne C. Brady of Brady & Brady, P.A., Boca Raton, and Irene Annunziata, Fort Lauderdale, for petitioner.

H.T. Maloney of Patterson & Maloney, Fort Lauderdale, for respondent.

PER CURIAM.

We grant the petition for writ of prohibition. Under the provisions of section 61.514, Florida Statutes (2004), the circuit court was without jurisdiction to take this case. The Uniform Child Custody Jurisdiction Act "applies to paternity actions when custody is an issue." Wilson v. Zambito, 773 So.2d 581, 582 (Fla. 4th DCA 2000). The child has resided in Texas for over three years with petitioner, a "person acting...

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