Chapman v. State

Roger Chapman petitions this court for writ of mandamus seeking to compel the trial court to rule on his motion for relief from judgment filed pursuant to Florida Rule of Civil Procedure 1.540. We deny the petition as it fails to allege that Chapman has made the trial court aware of the pending motion.

In a civil proceeding, it is generally necessary to bring a pending matter to the *836trial court’s attention. See Al-Hakim v. State, 783 So.2d 293, 294 (Fla. 5th DCA 2001). For purposes of seeking a hearing, it is of no significance that the petitioner is incarcerated or involuntarily committed.…