Kinzie v. State, 696 So. 2d 530 (Fla. 4th DCA 1997). · Go Syfert
Kinzie v. State, 696 So. 2d 530 (Fla. 4th DCA 1997). Cases Citing This Book View Copy Cite
6 citation events (4 in the last 25 years) across 1 distinct court.
Cited for
At page 530 Waiver of objection by failing to pursue it3 citing casesan objection is waived when it is not pursued1 citing court put it this way
  • Nakye Jaquon Williams v. State of Florida, 417 So. 3d 511 (Fla. 6th DCA 2025).published
    (an objection is waived when it is not pursued)
  • Tomas v. State, 126 So. 3d 1086 (Fla. 4th DCA 2012).published
    See Kinzie v. State, 696 So.2d 530, 530-31 (Fla. 4th DCA 1997).
  • Sheffield v. State, 769 So. 2d 493 (Fla. 4th DCA 2000).published
    See Kinzie v. State, 696 So.2d 530, 530-31 (Fla. 4th DCA 1997).
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Tonti KINZIE, Appellant,
v.
STATE of Florida, Appellee.
96-0489.
District Court of Appeal of Florida, Fourth District.
Jul 9, 1997.
Published opinion
696 So. 2d 530
1997 WL 375013
Per Curiam.
Cited by 5 opinions  |  Published

Richard L. Rosenbaum of Law Offices of Richard L. Rosenbaum, Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. Although no Nelson inquiry was conducted on Appellant's motion to discharge counsel, Appellant waived this objection by failing to pursue it or otherwise alert the court that a pro se motion had been filed. See Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973), approved, Hardwick v. State, 521 So.2d 1071 (Fla.1988). In any event, any error is harmless, as the evidence of guilt is overwhelming and Appellant had opportunities to advise the court of his dissatisfaction with counsel, or otherwise raise the issue, but failed to do so. Rather, he proceeded to trial with counsel and without[*531] objection, raising it only on appeal after an adverse verdict. See Parker v. State, 570 So.2d 1053 (Fla. 1st DCA 1990); Kott v. State, 518 So.2d 957 (Fla. 1st DCA 1988). Compare Dunn v. State, 640 So.2d 201 (Fla. 4th DCA 1994) (court's failure to rule treated as denial where pro se defendant did everything possible to secure a ruling). We also affirm as to all other issues raised.

STONE, C.J., and WARNER and SHAHOOD, JJ., concur.