Opinion
Case No. SC02-1557.
December 23, 2002.
Lower Tribunal No.: 99-4037-FMCE
Petitioner has submitted a petition for a writ of certiorari which this Court has treated as a petition for a writ of habeas corpus. The petition is hereby transferred, pursuant to Harvard v. Singletary, 733 So.2d 1020 (Fla. 1999), to the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida (Case No. 99-4037-FMCE), for consideration as either a motion for relief from judgment filed pursuant to Florida Family Law Rule of Procedure 12.540, or as a petition for modification of custody and/or visitation in the above-referenced dissolution of marriage case. 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. 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.