Opinion
Case No. SC05-182.
February 22, 2005.
Lower Tribunal No. 04MM1605.
The petition for writ of habeas corpus and/or prohibition is hereby transferred, pursuant to Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the apellate division of the Circuit Court of the First Judicial Circuit, in and for Okaloosa County, Florida. Further because petitioner appears to seek a belated appeal the petition is also transferred for consideration as a petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c). 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 writ of habeas corpus and/or prohibition, or that the petition should be considered as a petition filed pursuant to the abovereferenced 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. 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.