Opinion
Case No. SC05-2033.
November 29, 2005.
The petition for a writ of habeas corpus is hereby transferred to the Third District Court of Appeal, because an appeal addressing the same issue is pending in that court (Case No. 3D05-1821). The transfer of this case should not be construed as an adjudication 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.