
    James BRYANT, Joseph Zeegers, Al Willhite, Stephanie Siewert, Joe Perkins, Roosevelt Price, Debbie Foley, Dawn Osborne aka Dawn Carney, Lee Roy Wetherspoon, Billy Grantham, Jr., Max Kauffman, Sara Thompson, John Rowell, Hansel Lowery, Oscar Williams, Sallie Clark, Appellants, v. STATE of Florida, Appellee.
    No. BN-195.
    District Court of Appeal of Florida, First District.
    Feb. 10, 1987.
    Rehearing Denied March 30, 1987.
    Michael E. Allen, Public Defender and Catherine Bedell, Asst. Public Defender, Tallahassee, for appellants.
    Jim Smith, Atty. Gen. and J. Craig Myr-ick, Asst. Atty. Gen., Tallahassee, for ap-pellee.
   PER CURIAM.

Appellants challenge the alleged continuous assignment of a county judge, the Honorable Judge Richard L. Hood, acting as circuit court judge, to preside over Chapter 394 (Baker Act) proceedings. Appellants assert that Judge Hood’s continuous assignment as acting circuit court judge is improper and therefore he lacks subject matter jurisdiction to preside over their Baker Act proceedings. We have no authority to act without a factual basis for these allegations in the record. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979). We therefore affirm appellants’ commitment orders, but this is without prejudice to appellants should they seek to challenge subject matter jurisdiction through a habeas corpus proceeding in the circuit court.

AFFIRMED.

SMITH, JOANOS and BARFIELD, JJ., concur.  