Opinion
Case No. SC07-1173.
September 5, 2007.
The Motion for Leave to Appear as Amicus Curiae is hereby granted to the extent required for a full determination on the issue of whether to transfer the instant case.
The Motion to Strike Brief by Amicus Curiae and Motion to Strike Portions of Petitioner's Reply and Appendix are hereby denied to the extent required for a full determination on the issue of whether to transfer the instant case.
The petition for writ of mandamus is hereby transferred, pursuant toHarvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida. 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 mandamus. 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.
Any future pleadings filed regarding this case should be filed in the above mentioned circuit court at Post Office Box 726, Tallahassee, Florida 32302.
ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.