Opinion
Case No. SC02-2712.
August 18, 2004.
Lower Tribunal No. 02-3017CFAES.
Appellant has submitted a pleading entitled "`Direct Appeal' — Unconstitutional Traffic Court Rules and Jurisdictional Brief and Main Brief," which this Court has treated as a Notice of Appeal from the Order and Opinion in Roy A. Day v. State of Florida, Appeal No. 02-3017CFAES (6th Jud. Cir., Pasco County, Appellate Division Dec. 12, 2002). Having determined that the issues involved in this appeal appear to be within the certiorari jurisdiction of the Second District Court of Appeal, this case is hereby transferred to that court for consideration as a certiorari proceeding. The transferee court shall treat appellant's pleading as if it had been originally filed there on the date it was filed in this Court. The transfer of this case should not be construed as an adjudication or comment on the merits of the case, nor as a determination that the transferee court has jurisdiction or that appellant's pleading must or even should be accepted or considered by the transferee court as a petition for writ of certiorari. See Pettway v. State, 776 So.2d 930 (Fla. 2000) (denying motion to enforce previous transfer order where transferee court had advised petitioner, upon receipt of transfer order, that case would not be accepted in light of transferee's court previous opinion directing clerk of that court to reject for filing all petitions for extraordinary relief submitted by petitioner unless signed by a member in good standing of The Florida Bar). Any determination concerning the timeliness of this appellate proceeding 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.