Opinion
26153
October 31, 2003.
Gary Victor Dubin for petitioner/ defendant-appellant on the petition.
Neil F. Hulbert, Lea Hong, and Laura P. Couch for real parties in interest/plaintiffs-appellees in opposition.
CONFIRMING FORECLOSURE SALE AND WRIT OF POSSESSION
Upon consideration of the petition for a writ of mandamus and/or for an emergency stay of the order confirming foreclosure sale and the writ of possession filed by Petitioner Allen A. Vincent, individually and as Trustee of the Vincent Kassis Family Trust, the papers in support, and the records and files herein, it appears that: (1) Petitioner seeks an order directing the third circuit judges to set aside the order confirming sale and the writ of possession entered in Norwest Mortgage Inc. v. Vincent, Civil No. 97-160, pending in the Circuit Court of the Third Circuit; and (2) Petitioner has a pending appeal (Appeal No. 25613) from the decree of foreclosure entered in Norwest Mortgage Inc. v. Vincent, Civil No. 97-160, and a pending motion to stay in that appeal. Therefore
IT IS HEREBY ORDERED that the petition for a writ of mandamus and or emergency stay or order confirming foreclosure sale and writ of possession is denied without prejudice to the court considering the motion filed in Appeal No. 25613.