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 (from Petition)

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 (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?

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
Kelaco Corporation, d/b/a/ Kelaco Construction Co.
Cullin A. O'BrienCullin O'Brien Law, P.A., Petitioner