Opinion
Case No. SC02-1970.
October 25, 2002.
LOWER TRIBUNAL NO.: 2001-CA-1963
The petition for a writ of habeas corpus and mandamus is hereby transferred, pursuant to Harvard v. Singletary, 733 So.2d 1020 (Fla. 1999), to the District Court of Appeal, First District, for consideration in the context of the proceedings in 1D02-3454. 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 a writ of habeas corpus and 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. In the event the transferee court determines that the petition should be treated as something other than a petition for a writ of habeas corpus, any determination concerning whether a filing fee shall be applicable to this petition shall be made by the transferee court.