Opinion issued May 1, 2003

In The

Court of Appeals

For the

First District of Texas

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NO. 01-03-00284-CV

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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 isYoung v. Young, No. 769,339 (County Civ. Ct. at Law No. 4, Harris County, Tex., Mar. 3, 2003), appeal filed, No. 01-03-00199-CV (Tex. App.--Houston [1st Dist.] Mar. 4, 2003).