Legal Opinion

Green v. Texas Employment Commission

Texas Court of Appeals, 8th District (El Paso)

Decided September 5, 1984No. 08-84-00017-CVPublishedCited by 3 opinions

1Opinion of the Court

OPINION

OSBORN, Justice.

Don L. Green appeals the trial court’s order dismissing his claim for unemployment compensation benefits which was not filed within ten days of the Texas Employment Commission’s final decision. Under the terms of Article 5539d, Tex.Rev.Civ. Stat., we hold the petition was timely filed and we reverse and remand.

The facts in this case are undisputed. The controlling dates are:

May 19,1983 TEC final decision

May 29,1983 Sunday

May 30,1983 Memorial Day

May 31,1983 Petition filed

Article 5221b-4(i), Tex.Rev.Civ.Stat., requires that appeals from the decision of the Texas…

2Cases cited4 opinions

  1. Ealey v. Insurance Co. of North AmericaTexas Supreme Court · 1983
  2. Lambeth v. Texas Unemployment Compensation CommissionCourt of Appeals of Texas · 1962
  3. Johnson v. Texas Employers Insurance Ass'nTexas Supreme Court · 1984
  4. Rayburn v. StateTexas Supreme Court · 1962

3Cited by3 opinions

  1. Simmons v. Healthcare Centers of Texas, Inc., Texas Court of Appeals, 6th District (Texarkana)2001
  2. Lechuga v. Texas Employers' Insurance Ass'n, Texas Court of Appeals, 7th District (Amarillo)1990
  3. Lechuga v. Texas Employers' Insurance Ass'n, Texas Court of Appeals, 7th District (Amarillo)1990

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