(DOWNLOAD) "Jerry Wesley Gosby v. Third Judicial Circuit" by Supreme Court of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Jerry Wesley Gosby v. Third Judicial Circuit
- Author : Supreme Court of Florida
- Release Date : January 03, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
We review Gosby v. Third Judicial Circuit, 562 So.2d 775 (Fla. 1st DCA 1990), in which the district court certified conflict
with Lane v. Kaney, 557 So.2d 210 (Fla. 5th DCA 1990).1{/Cite} We quash the decision below. Gosby is an inmate in a Florida state prison. In May 1989, he petitioned the circuit court to change his name for religious
reasons to Abdul Ghaffaar-Abdullah Muhammad. In August 1989, Gosby wrote a letter to the circuit judge asking him to consider
his petition. In response, the judge wrote Gosby that name change petitions are not granted without a hearing and that he
could not act upon the petition without Gosby's presence at a hearing, which would be difficult or impossible for Gosby since
he was incarcerated. On April 19, 1990, Gosby filed a writ of mandamus in the First District requesting an order directing
the circuit court to rule one way or the other on his petition for a name change. The district court denied the writ on the
grounds that Gosby failed to allege that he had actually scheduled a hearing on his petition with the judge's office, or if
such hearing were held that he or his legal representative would attend. The court certified conflict with Lane v. Kaney,
557 So.2d at 210, which held that even if a petitioner for a name change is incarcerated, he is entitled to a ruling on his
petition. Other district courts have held that a prisoner's facially sufficient name change petition should be granted where
there is no evidence to support any ulterior or illegal purpose. See In re Keppro, 573 So.2d 140 (Fla. 1st DCA 1991); Davis
v. State, 510 So.2d 1124 (Fla. 2d DCA 1987); Isom v. Circuit Court, 437 So.2d 732 (Fla. 2d DCA 1983).