Petitioner's “Petition Notifying Court of Intent to Refile Petition” filed with this Court on October 25, 2012, has been treated as a proper notice of dismissal pursuant to Florida Rule of Appellate Procedure 9.350(b), and it is ordered that the petition for writ of mandamus be and the same is hereby voluntarily dismissed without prejudice to refile after the First District Court of Appeal renders a decision.