Mid-Continent Refrigerator Co. v. Tackett

Texas Supreme Court
Mid-Continent Refrigerator Co. v. Tackett, 584 S.W.2d 705 (Tex. 1979)
22 Tex. Sup. Ct. J. 527; 1979 Tex. LEXIS 312
Per Curiam

Mid-Continent Refrigerator Co. v. Tackett

Opinion

*706 PER CURIAM.

The only point before us is whether the transcript was timely filed in the Court of Civil Appeals. We agree that Monday, January 2, 1978, was a legal holiday for procedural purposes within the meaning of Rule 4 of the Texas Rules of Civil Procedure. The Legislature in 1977 Tex.Gen.Laws, ch. 872, at page 3145 specifically declared Monday, January 2, 1978, to be a “holiday” for state employees. This was not the case in 1967 at the time of Suarez v. Brown, 414 S.W.2d 537 (Tex.Civ.App. — Corpus Christi 1967, writ ref’d). The Legislature chose to prohibit the observance of Monday, January 2, 1967, as a holiday for state employees. 1965 Tex.Gen.Laws, ch. 720, at 1933. The number and date of state holidays are directly related to the appropriation of funds for hours and days of work by state personnel from the State Treasury.

Under this interpretation, the transcript was timely filed. For that reason we refuse the application for writ of error, no reversible error. We express no opinion on the other points before the Court of Civil Appeals.

Reference

Full Case Name
MID-CONTINENT REFRIGERATOR COMPANY, Petitioner, v. Paul E. TACKETT, Respondent
Cited By
10 cases
Status
Published