In re Name Change of Merchant

District Court of Appeal of Florida

In re Name Change of Merchant

185 So. 3d 1282, 2016 Fla. App. LEXIS 2948, 2016 WL 746240

CourtDistrict Court of Appeal of Florida

DecidedFebruary 26, 2016

DocketNo. 1D15-1568

StatusPublished

This text of 185 So. 3d 1282 (In re Name Change of Merchant) 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 Name Change of Merchant, 185 So. 3d 1282, 2016 Fla. App. LEXIS 2948, 2016 WL 746240 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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185 So. 3d 1282, 2016 Fla. App. LEXIS 2948, 2016 WL 746240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-name-change-of-merchant-fladistctapp-2016.

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