Opinion
CASE NO.: SC13-1630 Lower Tribunal No.: 5D13-2094 Lower Tribunal No.: 48-2011-CF-004811-O
01-08-2014
KERRY D. CLARK Petitioner(s) v. STATE OF FLORIDA Respondent(s)
The order directing petitioner to show cause why the case should not be dismissed pursuant to Logan v. State, 846 So. 2d 472 (Fla. 2003), entered on September 11, 2013, is hereby discharged.
Petitioner has submitted a "Motion to Reconsider Reviewing Merits of Appeal and Notice of Appeal to the Florida Supreme Court" which this Court has treated as a petition for writ of mandamus. The petition is hereby transferred to the Fifth District Court of Appeal for consideration as a petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c). The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition should be considered as a petition filed pursuant to the above-referenced rule. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court. Any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court. Any and all pending motions in this case are hereby deferred to the transferee court.
Any future pleadings filed regarding this case should be filed in the above mentioned district court at 300 South Beach Street, Daytona Beach, FL 32114. A True Copy
Test:
__________
John A. Tomas mo
Clerk. Supreme Court
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Served:
ROBIN ANGIE COMPTON
KERRY D. CLARK
HON. COLLEEN M. REILLY, INTERIM CLERK
HON. PAMELA R. MASTERS, CLERK