1. Whether under any circumstances in their appli
cation of common law, federal courts are allowed the
authority or discretion to disregard this Court 's opin
ion in Erie Railroad Co. u. Tompkins, as in this case by
their failure to consider the requisite requirements to
invoke a Florida trial court 's subject matter jurisdic
tion established unanimously by opinions of the state 's
highest court, and instead apply the doctrine of Swift
v. Tyson.

2. Whether as the subject courts state and federal did
determine by their decisions, a court retains the au
thority and jurisdiction to enter and enforce a sum
mary judgment after denying the affected party their
constitutional right to be heard.

Whether federal courts can disregard Erie Railroad Co. v. Tompkins