Big Creek Construction, LTD. v. Jerry Steele Fagan, Individually and on Behalf of the Estate of Jimmie Edward Fagan, Nikkie Marchant and Lisa Daves
This text of Big Creek Construction, LTD. v. Jerry Steele Fagan, Individually and on Behalf of the Estate of Jimmie Edward Fagan, Nikkie Marchant and Lisa Daves (Big Creek Construction, LTD. v. Jerry Steele Fagan, Individually and on Behalf of the Estate of Jimmie Edward Fagan, Nikkie Marchant and Lisa Daves) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Court of Appeals Tenth Appellate District of Texas
10-24-00248-CV
Big Creek Construction, LTD., Appellant
v.
Jerry Steele Fagan, Individually and on behalf of the Estate of Jimmie Edward Fagan, Nikkie Marchant, and Lisa Daves, Appellees
On appeal from the 82nd District Court of Robertson County, Texas Judge Rex Davis, presiding Trial Court Cause No. 21-01-21174-CV
CHIEF JUSTICE JOHNSON delivered the opinion of the Court.
MEMORANDUM OPINION
Appellant, Big Creek Construction, LTD., appealed from the trial court’s
interlocutory "Order Denying in Part and Granting in Part Defendant Big
Creek Construction, Ltd.'s Amended Motion for No Evidence and Traditional
Summary Judgment." On January 3, 2025, the Court was advised that the
parties had reached a settlement and requested an abatement in order to execute the terms of the settlement. This proceeding was stayed upon the
request of the parties on January 7, 2025.
On May 16, 2025, by letter from the Clerk of this Court, the appellant
was advised that it “must provide the Court with either a motion to dismiss or
a status report within 14 days of the date of this letter or the appeal may be
dismissed for want of prosecution.” Further, the appellant was notified that
the failure to respond to the Clerk’s letter would constitute an independent
ground for the dismissal of the appeal. No motion to dismiss or other response
has been received by this Court. See TEX. R. APP. P. 42.3(b), (c).
Accordingly, we dismiss this interlocutory appeal for want of
prosecution. See TEX. R. APP. P. 42.3(b), (c).
MATT JOHNSON Chief Justice
OPINION DELIVERED and FILED: June 18, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed CV06
Big Creek Construction, LTD. v. Fagan Page 2
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
Big Creek Construction, LTD. v. Jerry Steele Fagan, Individually and on Behalf of the Estate of Jimmie Edward Fagan, Nikkie Marchant and Lisa Daves, Counsel Stack Legal Research, https://law.counselstack.com/opinion/big-creek-construction-ltd-v-jerry-steele-fagan-individually-and-on-texapp-2025.