Fredericksburg Remodeling Company, Inc.// Patrick Fisher and Stephanie Fisher v. Patrick Fisher and Stephanie Fisher// Cross-Appellee, Fredericksburg Remodeling Company, Inc.

       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




                                                 2