Opinion
No. 1D15–1568.
02-26-2016
In re The Name Change of Jason Lane MERCHANT, Appellant.
Benjamin James Stevenson of ACLU Foundation of Florida, Pensacola; Nancy Abudu and Daniel B. Tilley of ACLU Foundation of Florida, Miami; and John Glassman of John Glassman, P.A., Pensacola, Cooperating Attorney for the ACLU Foundation of Florida, for Appellant.
Benjamin James Stevenson of ACLU Foundation of Florida, Pensacola; Nancy Abudu and Daniel B. Tilley of ACLU Foundation of Florida, Miami; and John Glassman of John Glassman, P.A., Pensacola, Cooperating Attorney for the ACLU Foundation of Florida, for Appellant.
Opinion
Jason Lane Merchant appeals the denial of a verified petition for name change. The trial court determined that Merchant's petition was procedurally barred as res judicata because a name change petition involving Merchant was previously heard by a predecessor judge and denied. “Under the doctrine of res judicata, a subsequent action is barred if there is (1) identity of the thing sued for, (2) identity in the cause of action, (3) identity of persons and parties to the actions, and (4) identity of the quality or capacity of the person for or against whom the claim is made.” Miller v. Fla. Dep't of Corr., 153 So.3d 392, 393 (Fla. 1st DCA 2014). Because the petition for name change in the instant case is a non-adversarial proceeding, res judicata cannot apply as there is no identity of the parties. See In re Doe, 973 So.2d 548, 560 (Fla. 2d DCA 2008) (Casanueva, J., concurring). Moreover, there is no statutory restriction on the number of times a person may file a name change petition. See § 68.07, Fla. Stat. (2014). Accordingly, we reverse and remand for the trial court to consider the petition on its merits.
REVERSED and REMANDED.
ROBERTS, CJ., THOMAS and RAY, JJ., concur.