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McCallister v. State

District Court of Appeal of Florida, Fourth District
Jun 18, 1997
695 So. 2d 856 (Fla. Dist. Ct. App. 1997)

Summary

reversing denial of petition for name change where petition was facially sufficient, but was summarily denied without an evidentiary hearing

Summary of this case from Finfrock v. State

Opinion

Case No. 95-3909

Opinion filed June 18, 1997.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Charles M. Greene, Judge; L.T. Case No. 94-20866 (37).

Ronald Jay McCallister, Bonifay, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee.


Ronald Jay McCallister 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, STEVENSON, JJ., and MUIR, CELESTE H., Associate Judge, concur.


Summaries of

McCallister v. State

District Court of Appeal of Florida, Fourth District
Jun 18, 1997
695 So. 2d 856 (Fla. Dist. Ct. App. 1997)

reversing denial of petition for name change where petition was facially sufficient, but was summarily denied without an evidentiary hearing

Summary of this case from Finfrock v. State
Case details for

McCallister v. State

Case Details

Full title:RONALD JAY McCALLISTER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 18, 1997

Citations

695 So. 2d 856 (Fla. Dist. Ct. App. 1997)

Citing Cases

Finfrock v. State

This court has held that, if the petition is facially sufficient, the trial court must conduct an evidentiary…