ORDERS:
ORDER
This matter was originally before me pursuant to an appeal from a Final Order of the Respondent,
in which the Real Estate Commission revoked Appellant's real estate broker's license and issued an
administrative sanction of Five Thousand ($5,000.00) Dollars. After hearing oral arguments on February
11, 1998 and reviewing all the evidence presented, I found that the Appellant failed to meet the burden
of establishing grounds for reversal or remand of the Board's decision and affirmed the Board's February
10, 1997 Order.
The Appellant filed a Motion to Stay License Revocation with this Division on August 7, 1998.
The Appellant request that this Court order that his real estate license remain active pending his appeal of
my February 11, 1998 Order. However, I issued an Order in this case on March 25, 1998. Afterwards,
the Appellant filed Notice of Appeal of my Order with the Circuit Court on April 27, 1998. Consequently,
this Court no longer has jurisdiction of this matter and can not consider the Appellant's motion. See Alston
v. Limehouse, 61 S.C. 1, 39 S.E. 193 (1901) (the perfecting of an appeal divests the lower court of
jurisdiction); Bunkum v. Manor Properties, 321 S.C. 95, 467 S.E.2d 758, 760 (S.C. App. 1996) ("Once
the notice of appeal was served, the Supreme Court had exclusive jurisdiction over the appeal, except the
lower court retained jurisdiction to entertain petitions for supersedeas under Rule 225. See Rule 204,
SCACR."). Furthermore, no evidence has been presented to me that would warrant staying the March 25,
1998 Order in this case.
IT IS THEREFORE ORDERED that Petitioner's Motion to Stay License Revocation is denied.
AND IT IS SO ORDERED.
__________________________
Ralph King Anderson, III
Administrative Law Judge
August 20, 1998
Columbia, South Carolina |