Dorchester Master Ltd. Partnership v. Hunt

The issue presented in this case is whether the day after Christmas is a legal holiday, within the meaning of Rule 5(a), Texas Rules of Appellate Procedure, 1 when Christmas falls on Sunday. The court of appeals held that it is not, and consequently, that petitioners’ appeal was not timely perfected. We disagree.

The trial court granted summary judgment for Ray Hunt and others 2 (“Hunt”) in this action against them by Dorchester Master Limited Partnership and another entity 3 (“Dorchester”). Dorchester filed a timely motion for new trial, which the trial court overruled. Under Rule 41(a)(1),…