Opinion
Case Nos. SC04-2493, SC04-2494, SC05-2495.
November 18, 2005.
The above cases are hereby consolidated and the petitions for writ of mandamus are hereby transferred, pursuant to Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Fifth District Court of Appeal. The transfer of these consolidated cases should not be construed as an adjudication or comment on the merits of the petitions, nor as a determination that the transferee court has jurisdiction or that the petitions have been properly denominated as petitions for writ of mandamus. The transferee court should not interpret the transfer of these consolidated cases as an indication that it must or should reach the merits of the petitions. The transferee court shall treat the petitions as if they had been originally filed there on the date they were filed in this Court. Any determination concerning whether a filing fee shall be applicable to these consolidated cases shall be made by the transferee court. Any and all pending motions in these consolidated cases are hereby deferred to the transferee court.
The transferee court should determine whether the pro se petitions are barred by the sanction imposed in Medberry v. State, 824 So. 2d 1058 (Fla. 5th DCA 2002).
PARIENTE, C.J., and ANSTEAD, LEWIS and QUINCE, JJ., concur.
WELLS, CANTERO and BELL, JJ., would deny without prejudice as to Case Nos. SC04-2493, SC04-2494; and would transfer as to Case No. SC04-2495.