Opinion
Case No. SC03-104.
April 14, 2003.
Lower Tribunal No. 2D02-5491
Petitioner has submitted a petition for writ of mandamus. To the extent that the petitioner is requesting a writ of mandamus to compel the district court to rule on his pending petition for writ of habeas corpus, the Court hereby denies the petition. See Huffman v. State, 813 So.2d 10, 11 (Fla. 2000) (holding that in order to be entitled to relief, petitioner must have a clear legal right to the requested relief, respondent must have an indisputable legal duty to perform the requested action, and petitioner must have no other adequate remedy available). To the extent that the petitioner is claiming that the trial court is not complying with the district court's order to release Gordon, this Court treats the petition as a motion requesting compliance with writ. Having determined that this issue appears to be within the jurisdiction of the District Court of Appeal, Second District, the case is hereby transferred to that court. 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 is applicable to this case shall be made by the transferee court.
WELLS, PARIENTE, LEWIS, QUINCE and BELL, JJ., concur.