Alison Gershenson v. Elizabet Da Silva

Whether Florida’s rules of appellate procedure which provide for the issuance by the Court of Appeals of a per curiam decision, without an opinion, affirming a trial court’s grant of summary judgment for which there is an appeal by right, and for which Florida’s published appellate decisions guarantee de novo review, and where because the per curiam decision fails to provide an explanation for the decision, the Florida Supreme Court does not have jurisdiction to exercise discretionary review of the Court of Appeals’ decision, violates the Due Process Clause of the Fourteenth Amendment.

Whether the requirement that a litigant appealing a Florida trial court’s decision granting a motion for summary judgment pay an appeal fee constitutes an unconstitutional taking under the Fourteenth Amendment, where the appeal is an appeal by right, where Florida’s published appellate decisions guarantee de novo review of trial court decisions granting summary judgment, but where the Florida Court of Appeals issues a summary per curiam decision affirming the grant of summary judgment without an opinion explaining the basis for the affirmance, and without any citation of case law supporting the affirmance.

Whether Florida’s rules of appellate procedure which provide for the issuance by the Court of Appeals of per curiam decisions, without an opinion, affirming a trial court’s grant of summary judgment for which there is an appeal by right, and for which Florida’s published appellate decisions guarantee de novo review, while in other such appeals involving a grant of summary judgment the Court of Appeals issues decisions with an opinion explaining the basis of the decision,