# Mid-Continent Refrigerator Co. v. Tackett

> Texas Supreme Court · July 25, 1979 · 22 Tex. Sup. Ct. J. 527

URL: https://www.frixlaw.com/law-library/cases/1757569

## Case

- **Full name:** MID-CONTINENT REFRIGERATOR COMPANY, Petitioner, v. Paul E. TACKETT, Respondent
- **Court:** Texas Supreme Court
- **Decided:** July 25, 1979
- **Citations:** 22 Tex. Sup. Ct. J. 527; 584 S.W.2d 705; 1979 Tex. LEXIS 312
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1757569

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1757569. Public record. Not legal advice.