Hector Emilio Reyes-Cardona v. J. C. Penney Co., Inc.

Hector Emilio REYES-CARDONA, Et Al., Plaintiffs, Appellants, v. J. C. PENNEY CO., INC., Defendant, Appellee

Reyes-Cardona v. J. C. Penney Co., 690 F.2d 1 (1st Cir. 1982)

Court: Court of Appeals for the First Circuit · U.S. Courts of Appeals
Decided: April 26, 1982
Docket: No. 82-1231
Judges: Bownes, Campbell, Coffin
Citations: 690 F.2d 11982 U.S. App. LEXIS 19775

Cited by 5 1 descriptions by later courts Original from court

Opinion

MEMORANDUM AND ORDER Appellee moves to dismiss this appeal on the theory that the notice of appeal was late, the time for filing such notice allegedly not having been extended by a Rule 59(e) motion filed in this case since, it is alleged, the Rule 59(e) motion was itself untimely. Rule 4(a)(4) F.R.A.P.

The day appellee alleges was the last day for filing the Rule 59(e) motion was Monday, January 11. But that day was a legal holiday in Puerto Rico honoring Eugenio Maria de Hostos. See 1 L.P.R.A. § 75. As such it is not counted in the computation of time. Rule 6(a) F.R.Civ.P.;

Ohio Inns, Inc. v. Nye, 542 F.2d 673 (6th Cir. 1976).. The fact that the district court clerk’s office was open for business on that day is irrelevant.

Jones & Laughlin Steel Co. v. Gridiron Steel Co., 382 U.S. 32 , 86 S.Ct. 152 , 15 L.Ed.2d 26 (1965).

The motion to dismiss is denied.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(under similar federal rule, fact that district court clerk’s office was open on legal holiday was irrelevant to timeliness of motion)

Bertell v. Rockford Mem'l Hosp., 913 N.E.2d 123 (Ill. App. Ct. 2009)

Cited by 5 cases

View all citing references →

Relies on it most ⓘ

Seacor v. Secretary of the Department of Health & Human Services34 Fed. Cl. 141 (Fed. Cl. 1995)
García-Velázquez v. Frito Lay Snacks Caribbean358 F.3d 6 (1st Cir. 2004)
Telephone And Data Systems, Inc. v. Amcell F Atlantic City, Inc.20 F.3d 501 (D.C. Cir. 1994)
Bertell v. Rockford Memorial Hospital913 N.E.2d 123 (Ill. App. Ct. 2009)
General Star Indemnity Co. v. Virgin Islands Port Authority49 V.I. 995 (D.V.I. 2008)

Most recent

Bertell v. Rockford Memorial Hospital913 N.E.2d 123 (Ill. App. Ct. 2009)
General Star Indemnity Co. v. Virgin Islands Port Authority49 V.I. 995 (D.V.I. 2008)
García-Velázquez v. Frito Lay Snacks Caribbean358 F.3d 6 (1st Cir. 2004)
Seacor v. Secretary of the Department of Health & Human Services34 Fed. Cl. 141 (Fed. Cl. 1995)
Telephone And Data Systems, Inc. v. Amcell F Atlantic City, Inc.20 F.3d 501 (D.C. Cir. 1994)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Jones & Laughlin Steel Corp. v. Gridiron Steel Co., 382 U.S. 32 (1965)	13
	Ohio Inns, Inc. v. Nye, 542 F.2d 673 (6th Cir. 1976)	66

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