Opinion
Case No. SC02-1099.
June 27, 2003.
Lower Tribunal No. 1D02-0476
Petitioner has submitted a petition for a writ of mandamus which this Court hereby transfers to the District Court of Appeal, First District, for consideration as a petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c). Specifically, after the First District Court of Appeal responded to the petition and stated that Jones' initial Rule 9.141 petition was dismissed without prejudice because it did not comply with the relevant rule, Jones amended his filing and filed it here at this Court. 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. If necessary, any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court.
ANSTEAD, C.J., and WELLS, PARIENTE, LEWIS, QUINCE, CANTERO and BELL, JJ., concur.