Legal Opinion · Concurrence

Gloster v. State

District Court of Appeal of Florida

Decided July 27, 1988No. 87-370Published

1ConcurrenceDanahy, Acting Chief Judge

As in Moore v. State, 525 So.2d 1031 (Fla. 2d DCA 1988), I write to express my concern that this court should not review a nonfundamental procedural error which the trial court could easily have corrected if the matter had been brought to its attention by a timely objection. Barker v. State, 518 So.2d 450 (Fla. 2d DCA 1988). Failure to object to a court’s omission of statutory authority in imposing costs should constitute a waiver just as the failure to object to the amount of costs. However, because this court has held to the contrary in Aultman v. State, 515 So.2d 391 (Fla. 2d DCA 1987),…

2Cases cited3 opinions

  1. Barker v. StateDistrict Court of Appeal of Florida · 1988
  2. Aultman v. StateDistrict Court of Appeal of Florida · 1987
  3. Moore v. StateDistrict Court of Appeal of Florida · 1988

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