Opinion
Case No. SC02-1432.
September 5, 2002.
LOWER TRIBUNAL NO.: 01-3560-CFAW
Petitioner has submitted a letter which this Court has treated as a petition for a writ of mandamus. The petition, and petitioner's pending "Motion to Dismiss Judge Victor J. Musleh Due to Conflict of Interest," filed on July 8, 2002, are hereby transferred, pursuant to Harvard v. Singletary, 733 So.2d 1020 (Fla. 1999), 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 mandamus. 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 petition shall be made by the transferee court. Petitioner's "Motion to Get Clairifacition [sic] on the Use of lower Tribunal Case No. 00-3445," filed July 11, 2002, is hereby denied as moot in light of the correction of the lower tribunal case number on this case as reflected in the amended acknowledgment letter.