IN RE MIRANT CORPORATION

DENNIS MICHAEL LYNN, Bankruptcy Judge

On the 1st day of December 2004, the Court heard the motion of Mirant Corporation and its affiliated debtors, as debtors-in-possession (collectively, the "Debtors") Pursuant to 11 U.S.C. § 362(d) for limited relief from the automatic stay solely to allow certain appellate proceedings to proceed (the "Motion"). Pursuant to 11 U.S.C. § 362(d) of the United States Code (the "Bankruptcy Code") establishing procedures for modification of the automatic stay; and it appearing that this Court has jurisdiction over this matter; and it appearing that due and proper notice has been given; and upon due deliberation and sufficient cause appearing therefore, it is hereby

ORDERED THAT:

1. The Motion is granted under U.S.C. § 362(d)(1) on a final basis.

2. The Motion seeks limited relief with respect to TE Pastorino Nursery, and Pastorino Son Nursery, et. al v. Mirant Corporation, et al., Case No. CIV 422241 and the cases consolidated therewith (the "Pastorino Action").

3. It is not necessary for the Court to determine the applicability of the automatic stay to the Pastorino Action at this time. All issues with regard to and the rights of all parties with respect to the applicability of the automatic stay are reserved for future determination.

4. Based on the representations of the Debtors as to their success in the similar actions to date, and in the interests of promoting the efficient administration of these chapter 11 estates, limited relief from the automatic stay is hereby granted, to the extent necessary and applicable, to permit the Debtors named in the Pastorino Action to participate in oral argument and a final disposition before the Ninth Circuit on the appeal of the Pastorino Action.

5. The Court further orders that the 10-day stay provided by Bankruptcy Rule 4001(a)(3) is waived.