Opinion
CASE NO.: SC14-945
09-30-2014
PRESTON LEONARD SCHOFIELD Petitioner(s) v. DAVID GEE, SHERIFF Respondent(s)
Lower Tribunal No(s).: 2011MM004051A
The order to show cause is hereby discharged. The petition for writ of habeas corpus is transferred, pursuant to Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Fifth District Court of Appeal. 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 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.
Any future pleadings filed regarding this case should be filed in the above mentioned district court at 300 South Beach Street, Daytona Beach, Florida 32114. A True Copy
Test:
/s/_________
John A. Tomasino
Clerk, Supreme Court
sh
Served:
DAVID GEE, SHERIFF
PRESTON LEONARD SCHOFIELD
HON. PAMELA JO BONDI
HON. MARYANNE MORSE, CLERK
HON. PAMELA R. MASTERS, CLERK