In Re: John (Bijan) K. Menner Amini--Appeal from 165th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 14-03-00867-CV

Case Date: 12/30/2003

Preview:In Re: Stephen Manley--Appeal from Co Civil Ct at
Law No 4 of Harris County
Opinion issued May 1, 2003
In The
Court of Appeals
For the
First District of Texas
NO. 01-03-00284-CV
IN RE STEPHEN MANLEY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION Relator has filed (1) a petition for writ of mandamus complaining of Judge Cynthia
Crow's (1) March 3, 2003 judgment awarding possession of a residence to the real parties in interest in a forcible-
entry-and-detainer suit and (2) motions for temporary relief to stay execution of a March 12, 2003 writ of possession.
The real parties in interest (Carol Young, Etta Mearl Rambadath, Dieta Scarlete Grant, and Phylar Dennis Rhone) have
filed a motion to dismiss this mandamus proceeding as moot because they allege that relator vacated the residence on
March 20, 2003, the date the writ of possession was served by a deputy constable. Relator does not contest that he
vacated the residence.
Relator requests this Court to "void the Judgment of the lower courts, recall the writ of possession, and compel [Judge
Crow] to perform her ministerial duty." To the extent that relator seeks to have this Court review the March 3, 2003
judgment, he must do so in his pending appeal in cause number 01-03-00199-CV. To the extent relator seeks to
preserve the status quo and prevent execution on the March 12, 2003 writ of possession, that issue is moot.
We deny the petition for writ of mandamus and all pending motions.
PER CURIAM
Panel consists of Justices Hedges, Jennings, and Alcala.
1. The underlying lawsuit is Young v. Young, No. 769,339 (County Civ. Ct. at Law No. 4, Harris County, Tex., Mar.
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3, 2003), appeal filed, No. 01-03-00199-CV (Tex. App.--Houston [1st Dist.] Mar. 4, 2003).
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