What did the court decide?

The court dismissed the appeal because the appellant did not file the required docketing statement and did not pay the filing fee after being warned.

Who is affected by this decision?

The appellant, Adelide Perez Ybarra, is directly affected because her appeal is dismissed; the State is the appellee.

What happens next for the appellant?

Because the appeal was dismissed for procedural failure, the appellant may seek any available post-dismissal relief, such as a motion to reinstate the appeal if permitted, but must act promptly and follow appellate rules.

Why was the appeal dismissed instead of considered on the merits?

The court dismissed it for procedural noncompliance—failure to submit required documents and to pay the fee after receiving deadlines and warnings—allowing dismissal under the appellate rules.

Adelide Perez Ybarra v. the State of Texas

Docket 10-26-00063-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 9, 2026 · 3 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 10th District (Waco)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 10-26-00063-CV

Appeal from denial of a petition for expunction in the 278th District Court of Madison County, Texas

Summary

The Court of Appeals dismissed Adelide Perez Ybarra’s appeal of the denial of her petition for expunction because she failed to file the required docketing statement and failed to pay the $205 filing fee despite being notified twice and given deadlines. The clerk first warned her that both were due by March 2, 2026; after noncompliance the clerk extended a final deadline of March 16, 2026. Because neither requirement was satisfied, the court dismissed the appeal for want of prosecution and for failure to follow the clerk’s directives.

Issues Decided

Whether the appeal should be dismissed for want of prosecution due to failure to file a docketing statement.
Whether the appeal should be dismissed for failure to pay the required filing fee after receiving timely notices and deadlines from the clerk.

Court's Reasoning

The court relied on the procedural rules that allow dismissal when a party fails to follow clerk directives and to prosecute an appeal. The clerk notified appellant of the required docketing statement and fee and gave specific deadlines, including a final warning; appellant did not comply. Under the applicable rules, these failures justified dismissal without further notice.

Authorities Cited

Texas Rules of Appellate ProcedureTEX. R. APP. P. 42.3(b), (c)

Parties

Appellant: Adelide Perez Ybarra
Appellee: The State of Texas
Judge: Tracy Sorensen
Judge: Steve Smith

Key Dates

Clerk letter advising due date for docketing statement and fee: 2026-02-20
Original deadline to file docketing statement and pay fee: 2026-03-02
Clerk's final warning letter: 2026-03-04
Final extended deadline: 2026-03-16
Opinion filed / appeal dismissed: 2026-04-09

What You Should Do Next

1
Consult an appellate attorney immediately
An attorney can advise whether a motion for reinstatement or other relief is available and prepare any required filings promptly.
2
Prepare and file a motion to reinstate or for relief from dismissal (if permitted)
If Texas appellate rules allow reinstatement for good cause or clerical error, the appellant should gather proof of reasons for noncompliance and request reinstatement without delay.
3
Confirm deadlines and fees going forward
Ensure any future appellate filings include required paperwork and fees by the court's deadlines to avoid another dismissal.

Frequently Asked Questions

What did the court decide?: The court dismissed the appeal because the appellant did not file the required docketing statement and did not pay the filing fee after being warned.
Who is affected by this decision?: The appellant, Adelide Perez Ybarra, is directly affected because her appeal is dismissed; the State is the appellee.
What happens next for the appellant?: Because the appeal was dismissed for procedural failure, the appellant may seek any available post-dismissal relief, such as a motion to reinstate the appeal if permitted, but must act promptly and follow appellate rules.
Why was the appeal dismissed instead of considered on the merits?: The court dismissed it for procedural noncompliance—failure to submit required documents and to pay the fee after receiving deadlines and warnings—allowing dismissal under the appellate rules.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Court of Appeals
                   Tenth Appellate District of Texas

                                10-26-00063-CV


                            Adelide Perez Ybarra,
                                  Appellant

                                        v.

                              The State of Texas,
                                   Appellee



                           On appeal from the
              278th District Court of Madison County, Texas
                    Judge Tracy Sorensen, presiding
                     Trial Court Cause No. 24-18011

JUSTICE SMITH delivered the opinion of the Court.

                       MEMORANDUM OPINION

      Appellant, Adelide Ybarra, appealed the denial of a petition for

expunction. By letter from the Clerk of this Court dated February 20, 2026,

Appellant was advised that the docketing statement was due on or before

March 2, 2026, and that the filing fee of $205.00 was due to be paid before that

same date to prevent dismissal of the appeal. The docketing statement was

not filed and the filing fee was not paid.
       On March 4, 2026, the Clerk of the Court informed Appellant in a letter

that the docketing statement had not been filed and the filing fee had not been

paid and that the appeal would be dismissed without further notification if the

docketing statement was not filed and the filing fee was not paid by March 16,

2026. The docketing statement has not been filed and the filing fee has not

been paid.

       Accordingly, this appeal is dismissed for want of prosecution and for the

failure to follow directives of the Clerk of this Court. See TEX. R. APP. P. 42.3(b),

(c).




                                               STEVE SMITH
                                               Justice

OPINION DELIVERED and FILED: April 9, 2026
Before Chief Justice Johnson,
       Justice Smith, and
       Justice Harris
Appeal dismissed
CV06




Ybarra v. State                                                              Page 2