Whether in holding that under federal summary judgment standard there is discretion to dismiss a jury negligence claim after determine credibility of witness and weigh on evidence regardless any genuine dispute of material facts, does the trial court's decision violate due process right under Fourteenth Amendment in direct conflict with this Court's decisions in Celotex Corp. v. Catretti Anderson v. Liberty Lobby, Inc.\ Matsushita Elec. Indus. Co. v. Zenith Radio Corp.} Scott v. Harris and contrary to Florida Supreme Court opinion McCain v. Florida Power Corporation!.

Whether the trial court's application of federal summary judgment standard violates due process rights under the Fourteenth Amendment by improperly determining witness credibility and weighing evidence despite genuine disputes of material fact