Opinion
Case No. SC07-309.
September 12, 2007.
Lower Tribunal No(s). 1D06-1889.
The Court hereby accepts petitioner's reply to the Court's April 18, 2007, order as timely filed.
Having reviewed the responses to the Court's order dated April 18, 2007, the petition for writ of prohibition is hereby transferred to the First District Court of Appeal 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 should be considered as a petition filed pursuant to the above-referenced 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. Petitioner's motion for appointment of counsel in this case is hereby deferred to the transferee court. Petitioner's motion to compel and for clarification is hereby denied.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, and CANTERO, JJ., concur. BELL, J., recused.