Legal Opinion

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

Court of Appeals for the First Circuit

Decided April 26, 1982No. 82-1231PublishedCited by 6 opinions

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

  1. Ohio Inns, Inc. v. NyeCourt of Appeals for the Sixth Circuit · 1976
  2. Jones & Laughlin Steel Corp. v. Gridiron Steel Co.Supreme Court of the United States · 1965

3Cited by6 opinions

  1. García-Velázquez v. Frito Lay Snacks CaribbeanCourt of Appeals for the First Circuit · 2004
  2. Telephone And Data Systems, Inc. v. Amcell F Atlantic City, Inc.Court of Appeals for the D.C. Circuit · 1994
  3. Telephone & Data Systems, Inc. v. Amcell F Atlantic City, Inc.Court of Appeals for the D.C. Circuit · 1994
  4. Bertell v. Rockford Memorial HospitalAppellate Court of Illinois · 2009
  5. General Star Indemnity Co. v. Virgin Islands Port AuthorityDistrict Court, Virgin Islands · 2008

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