Fredericksburg Remodeling Company, Inc.// Patrick Fisher and Stephanie Fisher v. Patrick Fisher and Stephanie Fisher// Cross-Appellee, Fredericksburg Remodeling Company, Inc.
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Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00103-CV
Appellant, Fredericksburg Remodeling Company, Inc.// Cross-Appellants, Patrick Fisher and Stephanie Fisher
v.
Appellees, Patrick Fisher and Stephanie Fisher// Cross-Appellee, Fredericksburg Remodeling Company, Inc.
FROM THE 33RD DISTRICT COURT OF BLANCO COUNTY NO. CV08971, THE HONORABLE J. ALLAN GARRETT, JUDGE PRESIDING
MEMORANDUM OPINION
We received Fredericksburg Remodeling Company’s notice of appeal on
February 17, 2023, and cross-appellants Patrick Fisher and Stephanie Fisher’s notice of appeal in
May 2023. On August 2, 2023, Fredericksburg Remodeling Company (Fredericksburg
Remodeling) “file[d a] Notice of Nonsuit as to all causes of action asserted against Appellee and
Defendant.” On August 10, the Fishers filed a “Notice of Nonsuit of all claims of lower Court
error or causes of action against Fredericksburg Remodeling . . . .” Neither of these filings were
accompanied by a certificate of conference. See Tex. R. App. P. 10.1(a). Neither party moved
us to dismiss the appeal.
On August 28, 2023, we instructed the parties to file either an agreed motion to
dismiss the appeal and cross-appeal or a status report by September 5, 2023. See Tex. R. App. P. 10.1 and 42.1. The parties did not file anything in response to our notice. On October 11, 2023,
we notified the parties that Fredericksburg Remodeling’s brief was due on June 23, 2023, and
neither the brief nor a motion for extension of time to file the brief had been filed. We instructed
the parties that we may dismiss the appeal for want of prosecution if Fredericksburg Remodeling
did not file a brief or a motion for extension of time to file a brief by October 23, 2023. See Tex.
R. App. P. 42.3. Fredericksburg Remodeling did not file anything in response to our notice.
Accordingly, we dismiss this appeal and cross-appeal for want of prosecution. See
id., 38.8(a)(1).
__________________________________________ Edward Smith, Justice
Before Justices Baker, Triana, and Smith
Dismissed for Want of Prosecution
Filed: December 15, 2023
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