IN THE SUPREME COURT OF TEXAS

No. 04-1099

IN RE KPMG LLP

On Petition for Writ of Mandamus

ORDERED:

1. Relator's motion for emergency stay is granted. The order dated October 29, 2004, in Cause No. 03-05643-B, styled Highland Capital Management, L.P. on behalf of itself and on behalf of ML CBO IV (CAYMAN) LTD., Highland Lecacy LTD., Pam Capital Funding L.P., and Prosect Street High Income Portfolio Inc., in the 44th District Court of Dallas County, Texas, is stayed pending further order of this Court.

2. The real parties in interest are requested to respond to relator's petition for writ of mandamus on or before 3:00 p.m., December 27, 2004.

Done at the City of Austin, this 14th day of December, 2004. [pic] Andrew Weber, Clerk Supreme Court of Texas

By Nancy J. Vega, Chief Deputy Clerk