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Foster v. State

Supreme Court of Florida
Nov 1, 2010
Case No. SC10-1711 (Fla. Nov. 1, 2010)

Opinion

Case No. SC10-1711.

November 1, 2010.

Lower Tribunal No(s). CF91-0634A1.


Petitioner has submitted a petition to invoke the Court's all writs jurisdiction which this Court has treated as a petition for writ of habeas corpus. The petition is hereby transferred to the Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, for consideration as a petition for writ of habeas corpus.See State v. McBride, 848 So. 2d 287 (Fla. 2003);see also Burdick v. State, 594 So. 2d 267 (Fla. 1992). 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. 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 255 North Broadway, Bartow, Florida 33830.


Summaries of

Foster v. State

Supreme Court of Florida
Nov 1, 2010
Case No. SC10-1711 (Fla. Nov. 1, 2010)
Case details for

Foster v. State

Case Details

Full title:JAMES FOSTER, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Nov 1, 2010

Citations

Case No. SC10-1711 (Fla. Nov. 1, 2010)