Opinion
Case No. SC05-419.
April 11, 2005.
Petitioner has submitted a petition for writ of habeas corpus which this Court has treated as an action for declaratory judgment. The petition is hereby transferred, pursuant to Moreau v. Lewis, 648 So. 2d 124, 126 (Fla. 1995), to the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida.See also Turner v. Singletary, 623 So. 2d 537, 538 (Fla. 1st DCA 1993) (entitlement to the extraordinary writ of mandamus requires petitioner to show that no other adequate remedy exists.). The transfer of this case should no 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 an action for declaratory judgment. The transferee court should not interpret the transfer of this case as an indication that it must 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.