Mississippi Real Estate Commission v. Ryan, 46267
| Decision Date | 07 December 1970 |
| Docket Number | No. 46267,46267 |
| Citation | 241 So.2d 667 |
| Parties | MISSISSIPPI REAL ESTATE COMMISSION v. Mrs. Willie C. RYAN. |
| Court | Mississippi Supreme Court |
Williams & Williams, Poplarville, for appellant.
A. F. Summer, Atty. Gen. by P. Roger Googe, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.
ON MOTION TO DISMISS APPEAL
Asserting that the Mississippi Real Estate Commission, appellant, has no statutory authority to appeal to this Court from a circuit court order reversing its suspension of the license of a real estate broker, Mrs. Willie C. Ryan, appellee, has filed a motion to dismiss this appeal. We hold that the Commission has the right to appeal here, and thus overruled the motion to dismiss.
The Real Estate Broker's License Act of 1954 created the Mississippi Real Estate Commission. Miss.Laws 1954, Ch. 318; Miss.Code 1942 Ann. §§ 8920-01-8920-20 (Supp.1968). The Commission has powers of licensing, revocation, and suspension. Mississippi Code 1942 Annotated section 8920-13 (Supp.1968), provides that an applicant 'or licensee, or person aggrieved' has the right to appeal from an adverse ruling of the Commission 'to the court of competent jurisdiction of the county where the hearing was held * * *.' Notice of appeal must be filed in the office of the clerk of the court, who issues the writ of certiorari directed to the Commission for the entire record in the matter. The appeal is heard by the court without a jury on the record, under the substantial evidence rule.
Section 8920-13 itself makes no express provision for an appeal from an order of the circuit court, either by the Commission or by an applicant, licensee or person aggrieved. However, code section 8920-12 shows that the Legislature intended for the Commission to enforce its orders. It authorizes and directs the Commission 'to take legal action against any violator of this Act.' And further, it is 'vested with the authority to bring injunctive proceedings in any appropriate forum against any violator or violators of this Act * * *.' Section 8920-12 is relevant on the legislative intent for the Commission to have the duty of enforcing and defending its orders in the courts.
Code section 8920-13, pertaining to appeals from the orders of the Commission, should be read in pari materia with code section 1147, the general statute for appeals from circuit and chancery courts. Miss.Code 1942 Ann. § 1147 (1956). It provides:
An appeal may be taken to the Supreme Court from any final judgment of a circuit court in a civil case, not being a judgment by confession or from any final decree of the chancery court,...
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