Legal Opinion

Clark v. State

District Court of Appeal of Florida

Decided February 22, 2011No. 1D11-0316Published

1Opinion of the Court

PER CURIAM-

By petition for writ of mandamus filed with the Florida Supreme Court and transferred to this court, Inmate James Clark seeks to compel this court to rule on a petition purportedly pending before this court which seeks belated appeal from an order that denied postconviction relief. Although the Florida Supreme Court would appear to be the proper forum for this mandamus petition, see State ex rel. Florida Real Estate Comm’n v. Anderson, 164 So.2d 265 (Fla. 2d DCA 1964), we elect not to transfer the petition back to the Florida Supreme Court but instead will address the merits.

A…

2Cases cited2 opinions

  1. Clark v. StateDistrict Court of Appeal of Florida · 2007
  2. STATE EX REL. FLORIDA REAL ESTATE COM'N v. AndersonDistrict Court of Appeal of Florida · 1964

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