No. 21-765

In Re Kelaco Corporation, dba Kelaco Construction Company

Lower Court: N/A
Docketed: 2021-11-23
Status: Denied
Type: Paid
Response Waived
Tags: access-to-courts appellate-review due-process fifth-amendment first-amendment fourteenth-amendment
Key Terms:
DueProcess
Latest Conference: 2022-01-14
Question Presented (AI Summary)

Where a Florida state appellate court finds enough merit to an appeal such that it holds an oral argument but, after the oral argument, refuses to issue a written opinion disposing of the appeal, does it violate a party's rights to Access to Courts and to Due Process guaranteed by the First, Fifth, and Fourteenth Amendments to the United States Constitution given that where there is no written opinion by the Florida state appellate court, the Florida Supreme Court will not consider triggering its discretionary appellate review?

Question Presented (OCR Extract)

QUESTION PRESENTED “This Court has never held that the States are required to establish avenues of appellate review, but it is now fundamental that, once established, these avenues must be kept free of unreasoned distinctions that can only impede open and equal access to the courts.” Rinaldi v. Yeager, 384 U.S. 305, 310 (1966). Denying a party “full access to [the judicial] processes raises problems for its legitimacy.” Boddie v. Connecticut, 401 U.S. 371, 376 (1971). The question presented here is: Where a Florida state appellate court finds enough merit to an appeal such that it holds an oral argument but, after the oral argument, refuses to issue a written opinion disposing of the appeal, does it violate a party’s rights to Access to Courts and to Due Process guaranteed by the First, Fifth, and Fourteenth Amendments to the United States Constitution given that where there is no written opinion by the Florida state appellate court, the Florida Supreme Court will not consider triggering its discretionary appellate review?

Docket Entries

2022-01-18
Petition DENIED.
2021-12-29
DISTRIBUTED for Conference of 1/14/2022.
2021-12-21
Waiver of right of respondent Best Truss Company to respond filed.
2021-11-12
Petition for a writ of mandamus filed. (Response due December 23, 2021)

Attorneys

Best Truss Company
Rebecca Mercier VargasKreusler-Walsh, Vargas & Serafin, P.A., Respondent
Rebecca Mercier VargasKreusler-Walsh, Vargas & Serafin, P.A., Respondent
Kelaco Corporation, d/b/a/ Kelaco Construction Co.
Cullin A. O'BrienCullin O'Brien Law, P.A., Petitioner
Cullin A. O'BrienCullin O'Brien Law, P.A., Petitioner