IN THE MATTER OF PETITION FOR CHANGING NAME OF STANLEY HARVEY DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that it was error to summarily deny a facially sufficient petition for a name change without a hearing.
Appellant, an indigent inmate, petitioned for a name change for religious reasons. The petition facially complied with the statute but was denied with…
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CAMPBELL, Acting Chief Judge.
Appellant, Stanley Harvey Davis, appeals the denial of his petition for a name change. The Attorney General, representing the State of Florida, has filed a brief defending the trial court’s denial of the petition for name change.
In its brief the State conceded that appellant’s petition facially appears to comply with section 68.07, Florida Statutes, (1985). The state further informs us that apparently appellant’s petition was denied without a hearing for reasons that are not stated and are not apparent. Appellant, at the time of filing his petition, was an inmate in a state correctional institution. He was declared indigent for the purpose of his petition. Appellant stated in his petition that he was a devout Muslim and desired the name change for religious reasons. While he desired to change his name to Anthony James Devito, not a Muslim name, that in itself is not sufficient to warrant denial of his petition. His petition stated it was for no ulterior motive or illegal or fraudulent purposes.
On the record before us, we cannot distinguish this case from Isom v. Circuit Court of the Tenth Judicial Circuit, 437 So. 2d 732 (Fla. 2d DCA 1983). In that case, we held it was error for the trial court to summarily deny appellant’s facially sufficient petition for name change. We likewise so hold in this appeal and reinstate appellant’s petition and remand for further proceedings consistent herewith.
LEHAN and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gosby v. Third Judicial Circuit, 586 So. 2d 1056 (Fla. 1991)…Other district courts have held that a prisoner’s facially sufficient name change petition should be granted where there is no evidence to support any ulterior or illegal purpose. See In re Keppro, 573 So. 2d 140 (Fla. 1st DCA 1991); Davis v. State, 510 So. 2d 1124 (Fla. 2d DCA 1987); Isom v. Circuit Court, 437 So. 2d 732 (Fla. 2d DCA 1983). The real issue in this case is whether the trial court can make Gosby’s physical presence at a hearing a condition precedent to granting a name change under section 68.-0…
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Casey v. State, 604 So. 2d 1281 (Fla. 5th DCA 1992)…In the instant case the trial court, apparently without having received evidence, summarily denied appellant’s facially sufficient petition and committed reversible error in doing so. In Re Keppro, 573 So. 2d 140 (Fla. 1st DCA 1991); Davis v. State, 510 So. 2d 1124 (Fla. 2d DCA 1987); Isom v. Circuit Court of the Tenth Judicial Circuit, 437 So. 2d 732 (Fla. 2d DCA 1983). A facially sufficient petition for a [*1282] name change should be granted where there is no evidence to support any ulterior or illegal purp…
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In re Petition for Name Change from Darrell Lee Keppro to Darrell Lee McQuaid, 573 So. 2d 140 (Fla. 1st DCA 1991)…ed had a certificate of indigency been issued. Of assistance to us in reaching the correct resolution of the instant case are the opinions in Isom v. Circuit Court of the Tenth Judicial Circuit, 437 So. 2d 732 (Fla. 2d DCA 1983) and Davis v. State, 510 So. 2d 1124 (Fla. 2d DCA 1987). In Isom, the court held that a petition for a name change should generally be granted unless the change was sought for a wrongful or fraudulent purpose. The appellant’s petition in Isom was facially sufficient and there was no ev…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isom v. The Cir. Court OF the Tenth Jud. Cir., 437 So. 2d 732 (Fla. 2d DCA 1983)