Gerald Scott v. Boca Landings Homeowners Association, Inc.
AdministrativeLaw DueProcess
Whether a state supreme court's summary denial of discretionary review of a Per Curium Affirmance (PCA) involving a Statute of Limitation defense violates due process and equal protection under the Fourteenth Amendment
1. Does a state supreme court ’s practice of summarily denying discretionary review of Per Curium Affirmance (PCA), involving a Statute of Limitation defense, where the refusal to apply State Statute is challenged in violation of due process under the Fourteenth Amendment operate to deny a litigant property without due process of law? 2. Does a state ’s discretionary review system, which lacks transparency and consistently denies review to “pro Se” litigants raising federal questions concerning a lower court ’s disregard for state statute, violate the Equal Protection Clause of the Fourteenth Amendment by denying such litigants meaningful access to the courts? 3. Does a state Supreme Court discretionary review process, applied arbitrarily or inconsistently to the detriment of litigants raising federal claims, violate the Equal Protection Clause of the Fourteenth Amendment? PARTIES TO PROCEEDINGS Petitioner: Gerald Scott Respondent: Boca Landings Homeowners Association