John L. Corrigan, Sr. v. Grant County, Washington, et al.

:;r— Trial court granted stay of discovery for Motion to Dismiss only - stay not available for Summary Judgment. Motion to Dismiss was granted without conversion and appealed. Court of Appeal sua sponte claimed conversion to summary judgment -without explanation - and summarily dismissed appeal on summary judgment grounds. Was Corrigan’s U.S. Constitutional Fifth Amendment right to due process violated by Court of Appeals when: a. The appellate court sua sponte determined that a conversion took place, ruled on summary judgment grounds, and summarily dismissed the case? b. The appellate court dismissed on summary judgment conversion when there was no discovery, no opportunity to respond, and no reasonable opportunity to present material pertinent to the summary judgment determination? PARTIES TO THE PROCEEDING Petitioner John Louis Corrigan was the plaintiff in the Washington State Superior Court proceedings and appellant in the Washington State Court of