Opinion
Case No. SC02-2530.
December 16, 2002.
L.T. No. 2D02-1205
The petition for a writ of prohibition is hereby transferred, pursuant to Harvard v. Singletary, 733 So.2d 1020 (Fla. 1999), to the District Court of Appeal, Second District, for consideration in 2D02-1205 as a motion to stay proceedings below. It should be noted that the discretionary review proceeding, initiated by petitioner in this Court on November 25, 2002, was dismissed on the authority of Jenkins v. State, 385 So.2d 1356 (Fla. 1980), on December 9, 2002. 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 prohibition. 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 and is instructed to expedite consideration of the petition as it appears to be time sensitive based upon the allegations. Any determination concerning whether a filing fee shall be applicable to this petition shall be made by the transferee court.