ALEJANDRO HOYOS, APPELLANT,
v.
HARRY K. SINGLETARY, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A prison inmate's facially sufficient petition for a religious name change must be heard at an evidentiary hearing rather than summarily denied based on the Department of Corrections' security objections.
A facially sufficient petition for name change cannot be summarily denied without an evidentiary hearing to determine whether the petitioner's reasons are without wrongful or fraudulent purpose.
[1] A facially sufficient petition for name change must be heard at an evidentiary hearing where the petitioner may present evidence regarding the absence of wrongful or frau…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Ordinarily, a facially sufficient petition for name change should be granted in the absence of evidence of a wrongful or fraudulent purpose.”
Establishing the standard for name change petitions and the error in summary denial.
Hoyos, a prison inmate, converted to Islam and filed a petition to change his name in accordance with religious tradition pursuant to Florida Statutes…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Petition For Name Change cases and more on FLexlaw
STEVENSON, Judge.
Hoyos, a prison mmate, converted to the religious faith of Islam while he was incarcerated. Thereafter, he filed a facially sufficient petition pursuant to Section 68.07, Florida Statutes (1993), to change his name in accordance with religious tradition. In response, the Department of Corrections (“DOC”) filed a conditional objection contending that a name change would adversely affect its security interests. Based on DOC’s response, the trial court summarily denied Hoyos’ petition. After the petition was denied, Hoyos requested an evidentiary hearing. The trial court denied the request. We reverse and remand with instructions for the trial court to hold an evidentiary hearing on Hoyos’ petition.
Ordinarily, a facially sufficient petition for name change should be granted in the absence of evidence of a wrongful or fraudulent purpose. See Brown v. Name Change, 611 So. 2d 1355 (Fla. 2d DCA 1993). The trial court committed reversible error when it failed to provide Hoyos with an opportunity to present evidence and to be heard on the issue of whether or not his reasons for seeking a name change were without ulterior or illegal motive. Gosby v. Third Jud. Cir., 586 So. 2d 1056 (Fla.1991); Casey v. State, 604 So. 2d 1281 (Fla. 5th DCA 1992); In re Boyd, 627 So. 2d 30 (Fla. 2d DCA 1993).
REVERSED and REMANDED.
ANSTEAD and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re the Name Change of Evan James Zimmer, 207 So. 3d 1006 (Fla. 4th DCA 2017)…ida Statutes (2015), sets forth the requirements for a petition for a change of name. “Ordinarily, a facially sufficient petition for name change should be granted in the absence of evidence of a wrongful or fraudulent purpose.” Hoyos v. Singletary, 639 So. 2d 631, 631 (Fla. 4th DCA 1994). Where a trial court denies a facially sufficient petition, the factual basis for doing so must be set forth in its order. Barton v. Cir. Ct. of Nineteenth Jud. Cir., 659 So. 2d 1262, 1263 (Fla. 4th DCA 1995). For example, i…
-
The Name Change OF James Patric Wages, Jr. v. State, 160 So. 3d 100 (Fla. 4th DCA 2015)…the facial requirements for the name change. The court did not find any deficiencies in the application itself. [*102] A petition for name change should be granted in the absence of evidence of a wrongful or fraudulent purpose. Hoyos v. Singletary, 639 So. 2d 631, 631 (Fla. 4th DCA 1994). Moreover, where a petition is facially sufficient, the court must conduct an evidentiary hearing to prove that a petitioner’s motivation for the name change is without ulterior motive or for a fraudulent purpose. Finfrock v…
-
Finfrock v. State, 932 So. 2d 437 (Fla. 4th DCA 2006)…Stat. (2005). If a petition for name change is facially sufficient, it should be granted so long as there is no evidence of a wrongful or fraudulent purpose. See Brown v. Name Change, 611 So. 2d 1355 (Fla. 2d DCA 1993); see also Hoyos v. Singletary, 639 So. 2d 631 (Fla. 4th DCA 1994) (holding that, because appellant’s petition was facially sufficient, he was entitled to an evidentiary hearing so that he could prove that his motivation for changing his name was without ulterior or illegal motive, a requirement…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gosby v. Third Judicial Circuit, 586 So. 2d 1056 (Fla. 1991)
- Casey v. State, 604 So. 2d 1281 (Fla. 5th DCA 1992)
- City OF Miami v. Perez, 627 So. 2d 30 (Fla. 3d DCA 1993)
- Brown v. In re Name Change, 611 So. 2d 1355 (Fla. 2d DCA 1993)