RONALD JAY MCCALLISTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1997-06-18
No. 95-3909
DELL and STEVENSON, JJ., and MUIR, CELESTE H., Associate Judge, concur.
695 So. 2d 856 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Ronald Jay MeCallister appeals the trial court’s denial of his petition for a name change without an evidentiary hearing. The State correctly concedes that appellant’s petition is facially valid and that he is entitled to an evidentiary hearing. Accordingly, we reverse and remand with directions to the trial court to grant appellant an evidentiary hearing on his petition for a name change. See Hoyos v. Singletary, 639 So. 2d 631 (Fla. 4th DCA 1994).

REVERSED and REMANDED.

DELL and STEVENSON, JJ., and MUIR, CELESTE H., Associate Judge, concur.


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  • Finfrock v. State, 932 So. 2d 437 (Fla. 4th DCA 2006)
    …petition are true, the trial court has discretion to order a hearing if the court chooses.” Id. at 1057. This court has held that, if the petition is facially sufficient, the trial court must conduct an evidentiary hearing. See McCallister v. State, 695 So. 2d 856 (Fla. 4th DCA 1997) (reversing denial of petition for name change where petition was facially sufficient, but was summarily denied without an evidentiary hearing); see also In re Keppro, 573 So. 2d [*439] 140 (Fla. 1st DCA 1991) (holding that it was…

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