Opinion
Case No. SC05-1162.
September 14, 2005.
Lower Tribunal No. 92-3445CFAES.
Petitioner has submitted a "Motion to Transfer Case to District Court With Directions that the District Court Afford Appellant His Right to Appeal" which this Court has treated as a petition seeking a belated appeal. The petition is hereby transferred to the Second District Court of Appeal for consideration as a petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c). 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. 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.