JOSEPH H. HUBBARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Margolis v. Klein, 184 So. 2d 205 (Fla. 3d DCA 1966)
  …n the record to allow such an amendment. It is elementary that before a trial judge will be held in error, he must be presented with an opportunity to rule on the matter before him. Wasserburg v. Coastal Aluminum Products Const. Co., Fla.App. 1964, 167 So. 2d 889; Paul v. Kanter, Fla. App.1963, 155 So. 2d 402. This is clearly contemplated by Rule 1.15(a) Florida Rules of Civil Procedure, 30 F.S.A. Therefore, although the counter and cross claim might have been amendable without any application to the trial j…
• Marinelli v. Weaver, 187 So. 2d 690 (Fla. 2d DCA 1966)
  …So. 211; Mizner Land Corporation v. Abbott, Fla. 1937, 128 Fla. 489, 175 So. 507; Jones v. Neibergall, Fla.1950, 47 So. 2d 605; Foley v. State ex rel. Gordon, Fla.1951, 50 So. 2d 179; Wasserburg v. Coastal Aluminum Products Const. Co., Fla.App.1964, 167 So. 2d 889. In Love v. Hannah, Fla. 1954, 72 So. 2d 39, the Supreme Court reiterated the foregoing rule, but further observed that “one well recognized exception is that error affecting fundamental rights may be raised for the first time on appeal.” See also…
• Md. Nat'l Ins. Co. v. State, 243 So. 2d 183 (Fla. 3d DCA 1971)
  …rule on these items and we may not consider them for the first time in this appeal. Margolis v. Klein, Fla.App.1966, 184 So. 2d 205; Beaty v. Beaty, Fla.App.1965, 177 So. 2d 54; and Wasserburg v. Coastal Aluminum Products Const. Co., Fla.App. 1964, 167 So. 2d 889. The final judgments herein appealed are, therefore, Affirmed.…

Authorities Cited

• Simpson v. State, 164 So. 2d 224 (Fla. 3d DCA 1964)
• McCLENDON v. State, 164 So. 2d 28 (Fla. 1st DCA 1964)