Opinion
Case No. SC03-1641.
January 8, 2004.
Lower Tribunal No. 1D03-1278.
Petitioner has submitted a Notice of Appeal which this Court has treated as a petition for a writ of mandamus. Having determined that the petition would be timely as a motion for rehearing, this case is hereby transferred to the First District Court of Appeal for consideration as a motion for rehearing pursuant to Florida Rule of Appellate Procedure 9.330. The transfer of this case should not be construed as an adjudication or comment on the merits, nor as a determination that the transferee court has jurisdiction or that the petition should be considered as a motion for rehearing 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.