In re C.S.N.

[1] This is an appeal from a grant of habeas corpus. S.N. was awarded custody of his two children, C.W.N. and M.S.N. This appeal was taken from that grant of habeas corpus and award of custody.

[2] This Court is obligated to determine whether it has appellate jurisdiction. Frey v. Gabel, 574 S.W.2d 38, 39 (Mo.App. 1978). Appellate jurisdiction is lacking. No appeal lies from a decision in a habeas corpus proceeding. Bebee v. State, 619 S.W.2d 363, (Mo.App. 1981); Miller v. State, 615 S.W.2d 98 (Mo.App. 1981);W. v. M., W. W., 490 S.W.2d 64 (Mo. banc 1973); Hutchinsonv. Wesley, 455 S.W.2d 21 (Mo.App. 1970).

[3] The proper remedy in this case is by a writ of certiorari.W. v. M., supra; Hutchinson, supra.

[4] This appeal is dismissed.

[5] DOWD, C.J., concurs.

[6] SATZ, J., concurs in separate concurring opinion.