RAYFIELD LANE, PETITIONER,
v.
HONORABLE FRANK N. KANEY, CIRCUIT JUDGE, ETC., RESPONDENT
Explore caselaw by topic → Browse Petition For Name Change cases and more on FLexlaw
DAUKSCH, Judge.
This is before the court on a petition for writ of mandamus. Petitioner seeks a name change from the circuit court and the judge has failed or refused to act; we know not which because two orders for response have been essentially unanswered. An assistant attorney general alleges that perhaps petitioner is not entitled to action by the circuit court because he is a prisoner domiciled in another county thus may not be entitled to an order of the court. We cannot agree this is sufficient reason for the trial judge to not act upon the pending case. It should be decided one way or another. We deem it unnecessary to issue the writ at this time in full confidence the trial judge will act upon receipt of this decision. When the case is concluded below the respondent is requested to notify this court.
It is so ordered.
DANIEL, C.J., concurs.
GOSHORN, J., dissents with opinion.
GOSHORN, Judge,
dissenting.
The petitioner has failed to allege that he has requested the court to schedule a hearing on his petition for name change or that he would be available to appear at the hearing when one is scheduled.1 I would deny the petition for writ of mandamus.
. The response alleges that the petitioner is incarcerated at Charlotte Correctional Institute, Punta Gorda, Charlotte County, Florida.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gosby v. Third Judicial Circuit, 586 So. 2d 1056 (Fla. 1991)…BARKETT, Justice. We review Gosby v. Third Judicial Circuit, 562 So. 2d 775 (Fla. 1st DCA 1990), in which the district court certified conflict with Lane v. Kaney, 557 So. 2d 210 (Fla. 5th DCA 1990).1 We quash the decision below. Gosby is an inmate in a Florida state prison. In May 1989, he petitioned the [*1057] circuit court to change his name for religious reasons to Abdul Ghaffaar-Abdullah Muhammad. In August 1989, Gosb…
-
Waksman Enters., Inc. v. Or. Props., Inc., 862 So. 2d 35 (Fla. 2d DCA 2003)…Wal-Mark Contracting Group, 814 So. 2d 534, 535 (Fla. 2d DCA 2002) (stating that “[t]he party moving for summary judgment has the burden of showing the nonexistence of genuine issue of material fact”) (citation omitted); Lively v. CSX Transp., Inc., 557 So. 2d 210, 211 (Fla. 2d DCA 1990) (stating that “[t]he test for summary judgment is whether there exists any genuine issue of material fact”) (citation omitted). In particular, we must determine whether there is any disputed issue of material fact concerning…
-
Gosby v. The Third Jud. Cir. Court & Judge Royce Agner Sitting Stead, 562 So. 2d 775 (Fla. 1st DCA 1990)…ve the trial court is obligated to rule on the name change petition and we therefore deny the petition for writ of mandamus. We note that our decision conforms to the reasoning expressed by Judge Goshorn in his dissenting opinion in Lane v. Kaney, 557 So. 2d 210 (Fla. 5th DCA 1990) and certify to the Florida Supreme Court that conflict exists between our holding in this case and the majority’s decision in Lane. PETITION DENIED. ERVIN and NIMMONS, JJ., and THOMPSON, FORD L. (Ret.), Associate Judge, conc…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence