occurs in extremely rare circumstances where the court does not have proper jurisdiction over the action or the public interest is directly and adversely affected. Pirtle v. Gregory, 629 S.W.2d 919, 920 (Tex.1982). While it may have been error for the trial court to award attorney’s fees against the City absent statutory authority to do so, we hold such error did not go to the court’s jurisdiction over the action, nor did it directly and adversely affect a public interest. Therefore, it was not fundamental error. Because the City failed to object to the request for attorney’s fees, it has waived any error the trial court may have committed in awarding attorney’s fees to Shiba. See County of El Paso v. Boy’s Concessions, Inc., 772 S.W.2d 291, 293 (Tex. App. — El Paso 1989, no writ) (<HOLDING>). Accordingly, the City’s sixth, seventh, and
holding that the failure to object to a defect in the arbitrator selection process constituted a waiver holding that the failure to object to an instruction constitutes a waiver of error holding that even though statute did not provide for attorneys fees against county its failure to object constituted waiver holding that tcprc section 380018 authorizing recovery of attorneys fees against individual or corporation does not provide for award of attorneys fees against limited partnership holding that the failure to object to a trial courts instruction constitutes waiver