Brown v. Name Change, 611 So. 2d 1355 (Fla. 2d DCA 1993). · Go Syfert
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Brown v. Name Change, 611 So. 2d 1355 (Fla. 2d DCA 1993). Cases Citing This Book View Copy Cite
7 citation events (2 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "but see" In re Gray and Rice
Utah · 2021 · signal: but see · confidence high
But see supra ¶ 34 (concluding that the analogy of name-change proceedings overrides the requirement of adverseness and establishes the principle that courts have power to adjudicate non- adversarial ―status‖ determinations). 89 See, e.g., Brown v. Name Change, 611 So. 2d 1355 , 1355–56 (Fla. Dist.
discussed Cited "see" Finfrock v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
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 of section 68.07(j), Florida Statutes).
cited Cited "see" Hoyos v. Singletary
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
See Brown v. Name Change, 611 So.2d 1355 (Fla. 2d DCA 1993).
discussed Cited "see, e.g." In Re Cruchelow (2×)
Utah · 1996 · signal: see also · confidence medium
Without any evidentiary support, however, we cannot consider a court’s “policy” as a substantial reason to conclude that a change in Cruchelow’s name would be improper. 3 See Knight, 5B7 P.2d at 1086; see also Brown v. Name Change, 611 So.2d 1355, 1356 (Fla.Dist.Ct.App.1993) (“Without conducting an evidentiary hearing [on prisoner’s request for a name change] ... the trial court was without any basis for determining the concerns of the Department [of Corrections].”).
Retrieving the full opinion text from the archive…
Kenneth BROWN, Appellant,
v.
In re: NAME CHANGE, Appellee.
91-02349.
District Court of Appeal of Florida, Second District.
Jan 15, 1993.
611 So. 2d 1355
Frank.
Cited by 6 opinions  |  Published

Kenneth Brown pro se.

No Appearance for appellee.

FRANK, Judge.

The appellant seeks review of a final order denying his petition for change of name. We reverse.

Kenneth S. Brown, an inmate, petitioned the trial court requesting that his name be changed to Akenaton-Yahkub Azrael. The petition was sworn to and complied with the statutory criteria set forth in section 68.07, Florida Statutes (1991). The Department[*1356] of Corrections filed a response acknowledging Brown's right to assume another name, but urged an objection to the name change "to safeguard legitimate institutional and penological interests." The record is silent as to whether Brown was given an opportunity to present evidence and be heard, but it appears to us that the trial court summarily denied the petition without the benefit of an evidentiary proceeding.

The petition states that Brown desires to change his name for religious purposes only, and that he has no intention of furthering an ulterior or illegal design. We have determined that a facially sufficient petition for a name change should be granted where there is no evidence of a wrongful or fraudulent purpose. Isom v. Circuit Court of the Tenth Judicial Circuit, 437 So.2d 732 (Fla. 2d DCA 1983); see also, Davis v. State, 510 So.2d 1124 (Fla. 2d DCA 1987). Consistent with Isom and Davis, the petition should not have been summarily denied.

We recognize the trial court may have thought that the name change might adversely affect the security interests of the Department of Corrections. Without conducting an evidentiary hearing on this matter, however, the trial court was without any basis for determining the concerns of the Department. See Casey v. State, 604 So.2d 1281 (Fla. 5th DCA 1992).

Accordingly, we reverse and remand for further proceedings consistent with this opinion.

CAMPBELL, A.C.J., and BLUE, J., concur.