IN RE: NAME CHANGE OF SHEIKERA WILLIAMS VS
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Sheikera Williams appealed a circuit court's denial of her petition for a change of name under Florida Statute § 68.07. The court denied her petition without providing any factual basis for the denial. The appellate court reversed and remanded because when a court denies a facially sufficient name change petition, it must articulate the factual reasons for denial.
A circuit court may not deny a facially sufficient petition for a change of name without providing a factual basis for the denial. When a court denies such a petition on remand, it must articulate specific factual reasons for the denial.
[1] When a circuit court denies a petition for name change that is facially sufficient under section 68.07, Florida Statutes, the court must provide a factual basis for the d…
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Join FLexlaw to unlock all legal intelligence“When a court denies a facially sufficient petition for name change, the court must provide the factual basis for doing so.”
The court's statement of the governing legal principle in name change proceedings.
Sheikera Williams filed a petition for a change of name that was facially sufficient under section 68.07, Florida Statutes. The circuit court denied t…
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Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Frank D. Ledee, Judge; L.T. Case No. FMCE 21-003371.
Tasha M. Simmonds of Tasha Simmonds, P.A., Fort Lauderdale, for appellant.
No appellee. KUNTZ, J. Sheikera Williams appeals the circuit court’s final judgment denying her petition for change of name pursuant to section 68.07, Florida Statutes (2020). We reverse. According to Williams, the court denied her petition after viewing her criminal background, denying her the opportunity to testify. But there is no transcript of the hearing, so our review is limited to errors on the face of the final judgment. In re Zimmer, 207 So. 3d 1006, 1007 (Fla. 4th DCA 2017) (citing Monacelli v. Gonzalez, 883 So. 2d 361, 362 (Fla. 4th DCA 2004)).
The requirements for a petition for a name change are found in section 68.07. When a court denies a facially sufficient petition for name change, the court must provide the factual basis for doing so. See In re Zimmer, 207 So. 3d at 1007 (citing Barton v. Cir. Ct. of Nineteenth Jud. Cir., 659 So. 2d 1262, 1263 (Fla. 4th DCA 1995)).
Here, the petition facially satisfied the requirements of section 68.07. But the circuit court denied the petition, stating only that the “Petition is Denied. Petitioner shall continue to be hereafter be known [as]” Williams.
The circuit court erred when it denied the petition without setting forth a basis for doing so. See, e.g., In re Zimmer, 207 So. 3d at 1008;
Name Change of Wages v. State, 160 So. 3d 100, 102 (Fla. 4th DCA 2015) (“As the petition was facially sufficient, the trial court should not have summarily denied it by concluding that [petitioner’s] purpose was fraudulent.”).
We reverse the circuit court’s order and remand for further proceedings. If the circuit court denies the name change on remand, it must set out a factual basis for doing so.
Reversed and remanded for further proceedings. CONNER, C.J., and FORST, J., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Barton v. Cir. Court OF the Nineteenth Jud. Cir., 659 So. 2d 1262 (Fla. 4th DCA 1995)
- Kathalina Monacelli v. Gonzalez, 883 So. 2d 361 (Fla. 4th DCA 2004)
- In re the Name Change of Evan James Zimmer, 207 So. 3d 1006 (Fla. 4th DCA 2017)
- The Name Change OF James Patric Wages, Jr. v. State, 160 So. 3d 100 (Fla. 4th DCA 2015)