Maidman v. Jomar Hotel Corp.

NESBITT, Judge.

The dispositive issue in this appeal is whether the trial court had subject matter jurisdiction in a proceeding wherein it answered the questions propounded to it by a bankruptcy judge of the United States District Court in and for the Southern District of New York. We find that it did not and reverse.

It appears that the appellant (Maidman) was a “debtor in possession” in a Chapter XII bankruptcy proceeding before the U.S. District Court. One of Maidman’s creditors, the appellee (Jomar), entered into a lease with the receiver of the Barcelona Hotel located in Miami Beach. A…