Opinion
CASE NO.: SC13-496 Lower Tribunal No(s).: 05-2008-CF-049366
04-23-2013
JOE SMITHWICK, IV Petitioner(s) v. MICHAEL D. CREWS, ETC. Respondent(s)
Appellant has submitted a petition for writ of habeas corpus which this Court has treated as a Notice of Appeal from the Order Denying Defendant's Motion to Vacate Sentence/Petition for Writ of Habeas Corpus, dated February 7, 2013. Having determined that the issues involved in this appeal appear to be within the jurisdiction of the Fifth District Court of Appeal, this case is hereby transferred to that court. The transferee court shall treat the notice as if it had been originally filed there on the date it was filed in this Court. Any determination concerning the timeliness of this appeal shall be made by the transferee 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:
___________________
Thomas D. Hall
Clerk, Supreme Court
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Served:
HON. PAMELA R. MASTERS, CLERK
JOE SMITHWICK, IV
JENNIFER ALANI PARKER
HON. MITCH NEEDELMAN, CLERK
HON. PAMELA JO BONDI