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· 4/25/2024

Hector Martinez Peralez Jr. v. the State of Texas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the third factor “predominates[ ] and the other three are significant only in close cases”
  • holding that filing of a timely notice of appeal is “mandatory and jurisdictional” (internal quotation marks omitted)
  • holding that even if the other factors favored relief, a failure to satisfy the third Pioneer factor justified the denial of a motion for relief from the consequences of a missed deadline based on alleged “excusable neglect”
  • holding that even if the other factors favored relief, a failure to satisfy the third Pioneer factor justified the denial of a motion for relief from the consequences of a missed deadline based on alleged “excusable neglect”
  • finding that plaintiff presented sufficient circumstantial evidence to survive summary judgment (citing Schneider v. Kings Highway Hosp. Ctr., Inc., 67 N.Y.2d 743, 744–45 (1986))
  • holding that “the failure to oppose, in circumstances where the other three Pioneer factors could readily be found to have been met, created a context in which the District Court’s discretion to grant the motion without further examination was not an abuse of discretion”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.