Was Corrigan's U.S. Constitutional Fifth Amendment right to due process violated?

QUESTIONS PRESENTED oo 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?