# Grajeda v. Charm Homes, Inc.

> Court of Appeals of Texas · March 4, 1981 · 614 S.W.2d 176

URL: https://www.frixlaw.com/law-library/cases/9673597

## Case

- **Full name:** Fernando GRAJEDA Et Ux., Appellants, v. CHARM HOMES, INC., Appellee
- **Court:** Court of Appeals of Texas
- **Decided:** March 4, 1981
- **Citations:** 614 S.W.2d 176; 1981 Tex. App. LEXIS 3369
- **Precedential status:** Published
- **Opinion:** Dissent by Preslar
- **Judges:** Preslar, Ward
- **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/9673597

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9673597. Public record. Not legal advice.