Clark v. State

In January 2005, in the trial court, petitioner Clark filed a motion entitled “Defendant’s Motion for Expedient Relief from Judgment Entered upon Defendant for an Uncharged Crime.” He files a petition for writ of mandamus in this court because he has not received a ruling on the motion. However, he has failed to show that he made any effort to bring this motion to the attention of the trial judge earlier than May 5, 2005, when he filed a “Motion to Rule.”

As was noted in Smartt v. First Union National Bank, 771 So.2d 1232 (Fla. 5th DCA 2000):

Most documents or pleadings filed in the clerk’s…