Could the trial court deprive petitioner of his 7th Amendment right to a trial by granting summary judgment based solely upon the defendant-expert's conclusory, self-serving affidavit in a case of appellate legal malpractice?

QUESTION(S) PRESENTED 4. COULD THE TRIAL COURT DEPRIVE PETITIONER OF HIS 7TH AMENDMENT RIGHT TO A TRIAL BY GRANTING SUMMARY JUDGMENT BASED SOLELY UPON THE DEFENDANT-EXPERT'S CONCLUSORY, SELF-SERVING AFFIDAVIT IN A CASE OF APPELLATE LEGAL MALPRACTICE? 2. WAS PETITIONER DEPRIVED OF MEANINGFUL, REASONABLE, AND EQUAL ACCESS TO THE COURT DURING THE APPELLATE PROCESS? IF SO, WOULD THIS COURT CONSIDER HIS PETITION TIMELY?