Angela DeBose v. University of South Florida, Board of Trustees, et al.

The constitutional provision or statutory language of Florida Vexatious Litigant Law, Florida Statute § 68.093(2)(a), guarantees a particular form of process. A deprivation of that guarantee by definition affects substantial rights without requiring any further harmlessness inquiry. The application of the Vexatious Litigant Law in any small claims matter is subject to statutory override by 68.093(2)(a) and constitutes reversible harmful constitutional error. The questions are:

1. Whether an Injunction Order rendered under Florida Vexatious Litigant Law, Florida Statute § 68.093(2)(a), requires reversal where it is: (a) applied in a small claims matter or (b) applied retroactively to a prior existing case(s) or (c) expired automatically for failure to hold mandatory injunction hearing;

2. Whether a dismissed party has standing to raise new unpreserved argument for the first time on appeal, absent fundamental error.