In re H&R Block

On February 2, 2004, relators, H&R Block, H&R Block and Associates, L.P., H&R Block Tax Services, Inc. ("Tax Services"), H&R Block, Ltd., and HRBO II, Inc., filed a petition for writ of mandamus and an emergency motion to stay proceedings. The petition requested that this Court direct respondent, Judge J. Manuel Banales of the 105th District Court of Kleberg County, to vacate his order of January 30, 2004, which denied relators motion for continuance. Relators also asked that this Court further instruct respondent: (1) to hear relator Tax Services special appearance in Cause No. 01-032-D before hearing any other motion filed by relators and prior to hearing a motion for partial summary judgment filed by the real party in interest, Desiri L. Soliz; and (2) to rule on class certification before ruling on the motion for partial summary judgment. The emergency motion requested that this Court direct respondent to stay certain pre-trial proceedings scheduled for February 5, 2004.