Legal Opinion

Reilly v. McCracken (In Re Brickyard, Inc.)

United States Bankruptcy Court, S.D. Florida.

Decided November 25, 1983No. 18-11691PublishedCited by 2 opinions

1Opinion of the Court

FINAL JUDGMENT

JOSEPH A. GASSEN, Bankruptcy Judge.

Upon the Findings of Fact and Conclusions of Law entered contemporaneously herewith, it is therefore

ADJUDGED as follows:

1. The Florida Circuit Court for the Seventeenth Judicial Circuit lacked subject matter jurisdiction to enter the Order of possession of the demised premises on June 15, 1983, and therefore there was no valid termination of the sublease agreement between the Plaintiff REILLY and the Debt- or before the filing of the Voluntary Petition in Bankruptcy, initiating this case. Plaintiff’s claim for possession under Count I is…

2Cases cited3 opinions

  1. Cooper v. NewellSupreme Court of the United States · 1899
  2. Palm Corp. v. 183rd Street Theatre CorporationDistrict Court of Appeal of Florida · 1977
  3. Kugeares v. Casino, Inc.District Court of Appeal of Florida · 1979

3Cited by2 opinions

  1. Jet 1 Center, Inc. v. City of Naples Airport Authority (In Re Jet 1 Center, Inc.)United States Bankruptcy Court, M.D. Florida · 2005
  2. McKenna v. Dupree (In re Dupree)United States Bankruptcy Court, M.D. Georgia · 2002

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