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Stivali v. Aquiport Aylesbury Inc.

State court lacked subject matter jurisdiction over plaintiffs' suit alleging a violation of a bankruptcy order since the suit was preempted by federal bankruptcy law.

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Alfred Stivali and his family sued the owners and management companies of Aylesbury Farms Apartments, alleging negligent dispossession, gross negligence, and intentional infliction of emotional distress. The defendants answered and moved for summary judgment, which the superior court granted. The court held that Stivali’s case was preempted by federal bankruptcy law, because his cause of action was based on an alleged violation of a bankruptcy court order. For the reasons that follow, we vacate and remand to the trial court with direction that this claim be dismissed without prejudice for lack of subject matter jurisdiction.

While the trial court purported to grant the defendants’ motion for summary judgment, we consider the substance and function of a motion rather than its name. Pettus v. Drs. Paylay &c., P.C., 193 Ga. App. 335, 336 387 SE2d 613 1989. In this case the appellants’ motion challenged the trial court’s subject matter jurisdiction, which is a matter in abatement, and the trial court’s order was not a grant of summary judgment, but a dismissal of Stivali’s claim. Id.

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