Timothy P. Murphy v. Susan Stacy, Circuit Court Judge

Whether under any circumstances in their appli­ cation of common law, federal courts are allowed the authority or discretion to disregard this Court’s opin­ ion in Erie Railroad Co. u. Tompkins, as in this case by their failure to consider the requisite requirements to invoke a Florida trial court’s subject matter jurisdic­ tion established unanimously by opinions of the state’s highest court, and instead apply the doctrine of Swift v. Tyson.

Whether as the subject courts state and federal did determine by their decisions, a court retains the au­ thority and jurisdiction to enter and enforce a sum­ mary judgment after denying the affected party their constitutional right to be heard.