IN RE: THE NAME CHANGE OF RAKIM SALAM ALI
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A petitioner is not estopped from filing a new petition for name change when the trial court denies the original petition based on the petitioner's verbal request for dismissal, as the denial amounts to a voluntary dismissal and does not reach the merits.
[1] Under Florida Statutes section 68.07, a trial court's denial of a name change petition based on the petitioner's voluntary request is treated as a voluntary dismissal and…
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Join FLexlaw to unlock all legal intelligenceRakim Salam Ali filed a petition for name change in Palm Beach County Circuit Court. The trial court denied the petition based on its determination th…
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Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Cheryl A. Caracuzzo, Judge; L.T. Case No. 502023DR000620 .
Rakim Salam Ali, Palm Beach Gardens, pro se. No appellee. PER CURIAM.
The trial court denied Appellant’s petition for a name change based upon a determination that Appellant verbally “requested” that the court deny his petition. As the court did not reach the merits of Appellant’s effort to have his former name restored (the denial of the petition upon Appellant’s request was akin to a voluntary dismissal), Appellant is not estopped from filing a new petition for a name change, per section 68.07, Florida Statutes.
Affirmed. MAY, DAMOORGIAN and FORST, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.