IN RE: THE NAME CHANGE OF RONALD RUSSELL JOHNSON VS
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When a trial court denies a facially sufficient name change petition, it must set forth the factual basis for the denial in its order, and a trial court must allow court reporting of proceedings upon request.
[1] When a trial court denies a facially sufficient petition for name change, the trial court must set forth in its order the factual basis for such denial.
[2] Any party may request that a judicial proceeding be reported by a court reporter, and such request must be granted.
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Join FLexlaw to unlock all legal intelligenceRonald Russell Johnson petitioned for a name change. The circuit court denied his petition without providing a stated factual basis for the denial and…
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Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Merrilee Ehrlich, Judge; L.T. Case No. FMCE 17-11266 (40).
Jason H. Haber of Haber | Blank, LLP, Fort Lauderdale, for appellant. No appellee. PER CURIAM. The petitioner appeals the circuit court’s order denying his petition for a name change. The petitioner argues the circuit court erred in two respects: (1) by denying his facially sufficient petition without setting forth a factual basis for what appears, from the face of the order, to have been the circuit court’s conclusion that he sought the name change for an ulterior or illegal purpose; and (2) by denying his request to have a court reporter record the hearing.
We agree with both arguments. See In re Zimmer, 207 So. 3d 1006, 1007 (Fla. 4th DCA 2017) (“Where a trial court denies a facially sufficient petition [for name change], the factual basis for doing so must be set forth in its order.”); Fla. R. Jud. Admin. 2.535(b) (“Any proceeding shall be reported on the request of any party.”).
We reverse and remand for a new hearing before a different judge, as the prior judge has since left the bench.
Reversed and remanded for new hearing. GERBER, C.J., WARNER and FORST, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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