Chris v. Chris
| Decision Date | 06 November 1985 |
| Citation | 287 S.C. 161,337 S.E.2d 209 |
| Court | South Carolina Supreme Court |
| Parties | Athena S. CHRIS, Petitioner, v. Pete Jim CHRIS, Kim A. Sarte, Dawn Maria Sarte, and Nikki S. Thompson, Respondents, OF WHOM: Athena S. Chris, Kim A. Sarte, Dawn Maria Sarte and Nikki S. Thompson are Appellants, and Pete Jim Chris is Respondent. Appeal of Athena S. CHRIS, Kim A. Sarte, Dawn Maria Sarte and Nikki S. Thompson. |
This is an appeal from a family court order awarding Respondent Chris the marital home. The order requires Appellant Chris to vacate the marital home within thirty days of the order. It also requires the other three appellants, Appellant Chris' daughters from a previous marriage, to vacate the home and to execute deeds reconveying their interests in the home to Respondent Chris. The appellants contest this portion of the order.
Appellant Chris seeks supersedeas of the order to the extent it requires her to vacate the home within thirty days. We deny this relief as unnecessary. The appeal automatically stayed the equitable division award. Supreme Court Rules of Practice, Rule 41, § 1 A. Further, the family court order issued on October 3, 1985, is vacated because the family court lacked jurisdiction. Supreme Court Rules of Practice, Rule 18, § 3; Rule 41, § 1 A. Nothing in this order shall be construed to prevent Respondent Chris from petitioning to lift this stay should circumstances warrant such relief.
IT IS SO ORDERED.
To continue reading
Request your trial
-
Woodside v. Woodside
...trial judge properly held that the appeal stayed the equitable division award, including the order to sell the house. Chris v. Chris, 287 S.C. 161, 337 S.E.2d 209 (1985). The trial judge was also correct that the divorce decree did not make the husband's contribution to the mortgage payment......
-
Terry v. Terry, 27196.
...however, that order was in the nature of equitable division, then the appeal acted as an automatic stay. Id.; see also Chris v. Chris, 287 S.C. 161, 337 S.E.2d 209 (1985) (appeal from a final order automatically stayed requirement that appellant vacate the marital home and execute a deed co......
- McClary v. State
-
Luthi v. Luthi, 1276
...is on appeal is void for lack of jurisdiction to enter it. Lassiter v. Lassiter, 291 S.C. 136, 352 S.E.2d 486 (1987); Chris v. Chris, 287 S.C. 161, 337 S.E.2d 209 (1985). Because Judge McEachin's order is void for lack of jurisdiction, Judge Kleckley's order must be In regard to the issue o......