Opinion
No. 4D01-2763.
July 24, 2002. Rehearing Denied September 5, 2002.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Geoffrey D. Cohen, Judge; L.T. Case No. 00-7363 CF.
Carey Haughwout, Public Defender, and Nan Ellen Foley, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.
Based on Holsman v. Cohen, 667 So.2d 769, 771 (Fla. 1996), and Administrative Order No. VII-01-B-10, appellant, Richard Walker, was tried in County Court, by a Circuit Court Judge, acting as a County Court judge, on a temporary, regular basis. Hence, this court is without jurisdiction to hear this appeal under rule 9.030(b)(1)(A), Florida Rules of Appellate Procedure (2002) and section 924.08, Florida Statutes (2000) (appeals from final judgments in misdemeanor cases tried by county courts shall be to the circuit court). Accordingly, this appeal is transferred to the appropriate court (Seventeenth Judicial Circuit) under rule 9.040(b)(1) (if a proceeding is commenced in an inappropriate court, that court shall transfer the cause to an appropriate court).
The Administrative Order temporarily assigned Judge Cohen to County Court to hear and dispose of all matters which may come before him during the period of March 1, 2001 through March 30, 2001. The Amended Information filed in County Court was dated March 26, 2001.
In as much as we are without jurisdiction to hear this appeal, we decline to address any other issues raised by appellant.
Appeal transferred to Circuit Court.
STEVENSON and MAY, JJ., concur.