Opinion

Grajeda v. Charm Homes, Inc.

  • 614 S.W.2d 176
  • 1981 Tex. App. LEXIS 3369
Court
Court of Appeals of Texas
Filed
Mar 4, 1981
Status
Published
Author
Preslar
On the bench
Preslar, Ward
Cited by
8 cases

The opinion

STEPHEN F. PRESLAR, Chief Justice,

dissenting.

I respectfully dissent. The obvious reason for the rule allowing the filing of in *178 struments on the next day of business when the filing day falls on a Saturday, Sunday or legal holiday is because it is not possible to file it when the clerk’s office is closed. The clerk’s office was closed to these Appellants on the day their bond was due. Closed is closed, whether by action of the legislature or the commissioners court. To these Appellants, it makes no difference who ordered it closed, and no distinction should be made as to who closed it. The test is not who closed it, but that it was closed.

Appellee joins Appellants in the request that the appeal be docketed. There is no issue as to the filing. This Court should not create one by looking behind the closed clerk’s door to see who ordered it closed to these Appellants.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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