Opinion
SC22-1800
01-12-2023
LOUIS MATTHEW CLEMENTS Petitioner(s) v. STATE OF FLORIDA Respondent(s)
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Lower Tribunal No(s).: 362007CF017171000ACH
Petitioner has submitted an "Emergency Motion for 3.850 Post Conviction Relief and Emergency Prliminary [sic] and Permenant [sic] Injunction" which this Court has treated as a petition for writ of mandamus. The petition is hereby transferred, pursuant to Harvard v. Singletary, 733 So.2d 1020 (Fla. 1999), to the Sixth District Court of Appeal. 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 has been properly denominated as a petition for writ of mandamus. 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 811 East Main Street, Lakeland, Florida 33801.