Petition of Hooper, 83-288
| Decision Date | 19 August 1983 |
| Docket Number | No. 83-288,83-288 |
| Citation | 436 So.2d 401 |
| Parties | In re the Petition of Kerry Mack HOOPER, to Change Name. |
| Court | Florida District Court of Appeals |
Kerry Mack Hooper, Englewood, pro se.
Priscilla Ruth MacDougall, Madison, Wis., and James K. Green of Green, Eisenberg & Cohen, West Palm Beach, Florida Association of Women Lawyers, amicus curiae for appellant.
Petitioner Kerry Mack Hooper appeals from an order of the circuit court denying her petition for a change of name which sought to have her birth-given name reinstated in place of her former husband's surname which she had retained at the time of the dissolution of her marriage. We reverse.
The uncontested petition for change of name was sworn to and the following allegations were acknowledged as being true: Petitioner has been a bona fide resident and domiciliary of Charlotte County, Florida, since June 17, 1982. Petitioner was born to Kenneth and Catherine Mack on November 16, 1943, in New York City. On June 8, 1962, petitioner's name was changed from Mack to Adcock as a result of her marriage to Thomas Adcock in St. Petersburg, Florida. Her name was changed back to her birth-given name by final decree of divorce entered in Pinellas County on November 2, 1964. On April 3, 1969, petitioner married Jack Hooper in New Orleans, and three children were born of that marriage. On September 12, 1975, petitioner was divorced from Jack Hooper in Florida and was given custody of the three minor children, who are still minors and live with the petitioner in Charlotte County. Her name was not changed back to her birth-given name at the time her second dissolution of marriage decree was entered. The children have the surname of their father, Jack Hooper. The petitioner currently is not married. She has been known only by her maiden name, her married name of Adock, and her married name of Hooper. She has never been adjudicated bankrupt nor has she been convicted of a felony. No money judgment has ever been entered against her. The petition, which listed all her prior places of residence, states that it was filed for no ulterior or illegal purposes and that granting the petition would not invade the property rights of others.
A hearing was held on the petition. There is no transcript of the hearing. On January 11, 1983, the trial court denied the petition without stating its reasons. Petitioner then filed timely notice of appeal.
Although the record in this case contains no grounds for the trial court's action, there is a suggestion that the reason may have been that upon a change in petitioner's name, petitioner's minor children would then have a name different from that of their mother. We do not find that a reason of that nature would constitute grounds for denial of the petition here. See Moskowitz v. Moskowitz, 118 N.H. 199, 385 A.2d 120 (1978).
Section 68.07, Florida Statutes (1981), which contains requirements to...
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Fortune v. Fortune
...that in a dissolution of marriage proceeding, the wife has the right to reassume her maiden name if she so chooses. In re Hooper, 436 So.2d 401, 403 (Fla. 2d DCA 1983). The husband concedes as much in his answer brief. The wife repeatedly asked the trial court to restore her maiden name by ......
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Fortune v. Fortune, Case No. 2D09-5564
...law that in a dissolution of marriage proceeding, the wife has the right to reassume her maiden name if she so chooses. In re Hooper, 436 So. 2d 401, 403 (Fla. 2d DCA 1983). The husband concedes as much in his answer brief. The wife repeatedly asked the trial court to restore her maiden nam......
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Pilch v. Pilch
...by the evidence. In so concluding, we adopt the reasoning of the Second District Court of Appeal in In re the Petition of Hooper, 436 So.2d 401, 403 (Fla. 2d DCA 1983), as The right of a woman to her birth-given name, notwithstanding marriage, is established under Florida Law. See Marshall ......
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Isom v. Circuit Court of Tenth Judicial Circuit, 82-2714
...granted unless sought for a wrongful or fraudulent purpose. In re Application of Knight; 65 C.J.S. Names § 11; see also In re Hooper, 436 So.2d 401 (Fla. 2d DCA 1983); § 68.07(j), Fla.Stat. Here, appellant's petition states that he desires to change his name only for religious purposes, and......