Opinion
Case No. SC03-673.
April 25, 2003.
Lower Tribunal No.: CR02-3065
The emergency petition for writ of prohibition and/or petition for writ of mandamus and/or petition for writ of quo warranto and any writ necessary to exercise this Court's jurisdiction, which this Court has treated as a petition for writ of quo warranto, is hereby transferred, pursuant to Harvard v. Singletary, 733 So.2d 1020 (Fla. 1999), and State v. Matute-Chirinos, 713 So.2d 1006 (Fla. 1998), to the District Court of Appeal, Fifth District. 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 a writ of quo warranto. 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 and is instructed to expedite consideration of the petition as it appears to be time sensitive based upon the allegations. Any determination concerning whether a filing fee shall be applicable to this petition shall be made by the transferee court.