In re Harris

District Court of Appeal of Florida

In re Harris

976 So. 2d 668, 2008 Fla. App. LEXIS 3640, 2008 WL 681811

CourtDistrict Court of Appeal of Florida

DecidedMarch 14, 2008

DocketNo. 2D07-3961

StatusPublished

Cited by1 cases

This text of 976 So. 2d 668 (In re Harris) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Harris, 976 So. 2d 668, 2008 Fla. App. LEXIS 3640, 2008 WL 681811 (Fla. Ct. App. 2008).

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Opinion

STRINGER, Judge.

Rudolph Harris, an inmate in the Har-dee Correctional Institution, seeks review of the trial court’s order dismissing his petition for name change with prejudice. The trial court determined that Harris lacked standing to seek a name change pursuant to section 68.07(2)(k), Florida Statutes (2005), because his civil rights were suspended when he was incarcerated. Harris correctly argues that section 68.07(2)(k) does not apply to him because he was convicted before the effective date of the statute. See In re Name Change Petition of Mullin, 892 So.2d 1214, 1215 (Fla. 2d DCA 2005). Accordingly, the trial court erred in summarily dismissing Harris’ petition for name change.

Reversed and remanded.

SILBERMAN and KELLY, JJ., Concur.

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STRINGER, Judge.

Rudolph Harris, an inmate in the Har-dee Correctional Institution, seeks review of the trial court’s order dismissing his petition for name change with prejudice. The trial court determined that Harris lacked standing to seek a name change pursuant to section 68.07(2)(k), Florida Statutes (2005), because his civil rights were suspended when he was incarcerated. Harris correctly argues that section 68.07(2)(k) does not apply to him because he was convicted before the effective date of the statute. See In re Name Change Petition of Mullin, 892 So.2d 1214, 1215 (Fla. 2d DCA 2005). Accordingly, the trial court erred in summarily dismissing Harris’ petition for name change.

Reversed and remanded.

SILBERMAN and KELLY, JJ., Concur.

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Bluebook (online)

976 So. 2d 668, 2008 Fla. App. LEXIS 3640, 2008 WL 681811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-harris-fladistctapp-2008.

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