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152 Ga. App. 215

262 S.E.2d 540

In Re Mullinix

Court of Appeals of Georgia

Decided November 7, 1979

Court of Appeals of Georgia · decided 1979-11-07

Relies on 83 Ga. App. 280 - Binford v. Reid

Good law ✅— No negative treatment on recordhow we know

Decided 1979-11-07

How this case has been cited

Cited by 5 later decisions — most recently January 2017

5 state decisions

3019791980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Smith, Judge.

¶1 Appellant, a married woman with a minor child, filed a petition in the Superior Court of Floyd County for a change of name. See Code § 79-501. Appellant desires to have her maiden name restored, primarily because she is an only child and wants to preserve her family name. Appellant has been happily married for ten years, and neither her husband nor her child objects to the name change. No objections were made at the hearing to the proposed change. There is no evidence that the change is intended to defraud anyone. The lower court denied appellant’s petition, finding "that such a change of name for this wife and mother would set the stage for serious confusion, misunderstanding, complications, and above all embarrassment, particularly for the minor child who would be put in a very strange situation.” We reverse and remand with direction.

¶2 "The action of a superior court in granting or refusing a proper application to change the name of a person is based solely on a sound legal discretion . . .” Binford v. Reid, 83 Ga. App. 280 (63 SE2d 345) (1950). In the instant case, the petition was denied solely because of the trial judge’s belief that where a change of name results in a mother and child bearing different surnames, the latter is necessarily confused and embarrassed. This reason alone is not a valid basis for denying a change of name. We conclude that the trial judge abused his discretion in denying appellant’s petition inasmuch as appellant met the statutory criteria for a change of name and no objections whatsoever were raised at the hearing. The case is remanded to the lower court with direction to enter an order granting appellant’s petition for change of name.

¶3 Judgment reversed and remanded with direction.

Quillian, P. J., and Birdsong, J., concur. *216 W. Gene Richardson, for appellant.
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