Florida District Courts of Appeal, 2018

In re Johnson

In re Johnson
Florida District Courts of Appeal · Decided November 21, 2018
259 So. 3d 133 (Southern Reporter, Third Series)

In re Johnson

Opinion of the Court

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.

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