Hector Emilio Reyes-Cardona v. J. C. Penney Co., Inc.
Court of Appeals for the First Circuit
1Opinion of the Court
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.…
2Cases cited2 opinions
- Ohio Inns, Inc. v. NyeCourt of Appeals for the Sixth Circuit · 1976
- Jones & Laughlin Steel Corp. v. Gridiron Steel Co.Supreme Court of the United States · 1965
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- Bertell v. Rockford Memorial HospitalAppellate Court of Illinois · 2009
- General Star Indemnity Co. v. Virgin Islands Port AuthorityDistrict Court, Virgin Islands · 2008
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