Martinez v. Windsor Park Development Co.

This Term we held “that ‘legal holiday’, as used in Rule 4, Tex.R.Civ.P., includes a day which the commissioners court in the county in which the case is pending has determined to be a holiday, or on which the clerk’s office for the court in which the case is pending is officially closed.” Miller Brewing Co. v. Villarreal, 829 S.W.2d 770 (Tex.1992). We reached the same conclusion as to the use of “legal holiday” in Rule 5, Tex.R.App.P., in In re V.C., 829 S.W.2d 772 (Tex.1992). The case now before us presents the issue of whether the holding of Miller should also apply to Tex.Civ.PRAc. &…