Opinion
Case No. SC03-580.
November 24, 2004.
Lower Tribunal No. 94-1416.
In light of the relief sought in the petition for writ of habeas corpus, filed on April 28, 2003, which has been treated as an amended petition for writ of habeas corpus in this case, the Court hereby treats the initial petition for writ of habeas corpus in this case as a Notice of Appeal from the Order Denying Motion for Post-Conviction Relief, issued on February 17, 2001, by the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida. The Court also treats the amended petition for writ of habeas corpus as an Amended Notice of Appeal from the referenced circuit court order.
Because the notice was not timely filed, see Fla.R.App.P. 9.110(b), it is ordered that the cause is hereby dismissed on the Court's own motion. If appellant can demonstrate within fifteen (15) days from the date of this order that the notice was timely filed, this case will be transferred to the Second District Court of Appeal.