MARIO D'OLEO-VALDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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SCHWARTZ, Chief Judge.
Although he made no such complaint below, the defendant now claims error in the fact that the trial court, upon an appropriate suggestion of incompetency to stand trial, appointed only one examiner to render an evaluation1 rather than the two provided by Florida Rule of Criminal Procedure 3.210. Because the number of examiners is merely a non-fundamental procedural matter — unlike, for example a total failure to determine competence by failing to secure any expert opinion whatever, Scott v. State, 420 So. 2d 595 (Fla.1982)— we hold that the failure to bring the deviation from the rule to the trial court’s attention effected a waiver of the contention. Castor v. State, 365 So. 2d 701 (Fla.1978); De La Cova v. State, 355 So. 2d 1227 (Fla. 3d DCA 1978), cert. denied, 361 So. 2d 831 (Fla.1978); Page v. State, 412 So. 2d 454 (Fla. 2d DCA 1982); 3 Fla.Jur.2d Appellate Review §§ 293, 300-301 (1978). We do not read Graydon v. State, 502 So. 2d 25 (Fla. 4th DCA 1987), to hold otherwise. If we are wrong about this, we think Graydon is wrong.
There is no other error. Affirmed.
. The appointed psychiatrist found Valdez fully competent. No point is made of the trial court’s ensuing determination to that effect.
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Am. Home Assurance Co. v. Plaza Materials Corp., 908 So. 2d 360 (Fla. 2005)…e invoked only to the extent and in the manner prescribed.”); Sylvester v. City of Delray Beach, 584 So. 2d 214, 215 (Fla. 4th DCA 1991) (holding that the exclusive remedy for violation of a statute was injunctive relief); City of Miami v. Cosgrove, 516 So. 2d 1125, 1127 (Fla. 3d DCA 1987) (holding that a statute granting a right to injunctive relief did not thereby grant a right to collect damages); cf. 48A Fla. Jur.2d Statutes § 227 (2000) (“In general, a statute that does not purport to establish a civil li…
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D'Oleo-Valdez v. State, 531 So. 2d 1347 (Fla. 1988)…GRIMES, Justice. We have accepted jurisdiction to review D’Oleo-Valdez v. State, 516 So. 2d 1125 (Fla. 3d DCA 1987), because of apparent conflict with Graydon v. State, 502 So. 2d 25 (Fla. 4th DCA 1987). Art. V, § 3(b)(3), Fla. Const. D’Oleo-Valdez was charged with trafficking in cocaine. The court appointed a psychiatrist to examine his menta…
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Parker v. Reonna T. Parker, 553 So. 2d 309 (Fla. 1st DCA 1989)…egion of eases make it clear that the issue of subject matter jurisdiction may be considered by an appellate court even though raised for the first time on appeal. E.g., Bohlinger v. Higginbotham, 70 So. 2d 911 (Fla.1954); City of Miami v. Cosgrove, 516 So. 2d 1125 (Fla. 3d DCA 1987). Though the former wife was free to raise the issue of whether the trial court had subject matter jurisdiction to award custody of an unborn for the first time on appeal had she appealed from the dissolution judgment, we do not co…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Castor v. State, 365 So. 2d 701 (Fla. 1978)
- Scott v. State, 420 So. 2d 595 (Fla. 1982)
- DE LA Cova v. State, 355 So. 2d 1227 (Fla. 3d DCA 1978)
- Page v. State, 412 So. 2d 454 (Fla. 2d DCA 1982)
- Graydon v. State, 502 So. 2d 25 (Fla. 4th DCA 1987)