Summary
In Mid-Continent, the Texas Supreme Court held that when the legislature declares certain days to be holidays for state employees in the Appropriations Act, the day is a "legal holiday" under civil rule 4. 584 S.W.2d at 706.
Summary of this case from AAAction Plumbing Co. v. StewartOpinion
No. B-8490.
July 25, 1979.
Appeal from the Fort Worth Court of Civil Appeals, Second Supreme Judicial District, Spurlock, J.
Martin Millican, Michael Martin, Lampasas, for petitioner.
Senterfitt, Adams, Miller Childress, Richard T. Miller, San Saba, for respondent.
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.