No. 18-1142

Casimir M. Toczylowski v. Samantha Giuliano, et vir

Lower Court: Pennsylvania
Docketed: 2019-03-05
Status: Denied
Type: Paid
Tags: appellate-procedure appellate-procedures appellate-review civil-appeal civil-appeals civil-procedure due-process fourteenth-amendment judicial-review merits-review property-rights state-appeals state-courts
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-05-09
Question Presented (from Petition)

1. When a state has by statute or constitutional
provision granted civil litigants the right to an appeal,
must the state's appellate procedures provide "due
process" consonant with that guaranteed by the
Fourteenth Amendment of the United States Constitution
to litigants at trial?

2. If the due process guaranteed by the Fourteenth
Amendment of the United States Constitution extends to
the appellate procedures of those states that have granted
civil litigants a right of appeal, are civil appellants in those
states who seek to vindicate property rights and who
comply with all of the state's procedural requirements
entitled to receive a ruling on the merits of their appeals?

3. Did the Superior Court and Supreme Court of
Pennsylvania deprive the petitioner here of due process
under the Fourteenth Amendment by refusing to rule on
the merits of his appeal, a refusal that had been based
solely upon the mistaken belief of a panel of Superior
Court judges that the petitioner had not cited cases in his
briefs, and then refusing to reconsider the matter after
the petitioner by timely applications re-cited the multiple
case citations that he had cited in support of each of his
arguments but that the panel had originally overlooked?

Question Presented (AI Summary)

Denial of due process in state appellate procedures for civil litigants seeking to vindicate property rights

Docket Entries

2019-05-13
Petition DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-03-01
Petition for a writ of certiorari filed. (Response due April 4, 2019)

Attorneys

CASIMIR TOCZYLOWSKI
Michael J. TorchiaSemanoff Ormsby Greenberg & Torchia, LLC, Petitioner