Opinion
Case No. SC03-597.
November 4, 2003.
Lower Tribunal No. 02-CA-4105.
Upon review of the responses to this Court's order to show cause dated May 12, 2003, the Court has determined that the petition for writ of habeas corpus initiating this case, which this Court treated as a petition for writ of mandamus seeking to compel the Circuit Court of the Fifth Judicial Circuit, in and for Lake County, Florida, to rule on petitioner's then pending petition for writ of habeas corpus in that court, should now be considered a premature notice of appeal from the subsequently entered order denying petitioner's petition for writ of habeas corpus. 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 whether a filing fee is applicable to this case or the timeliness of this appeal shall be made by the transferee court.