What does this decision mean?

The appeals court terminated the appeal because the appellants did not pay the required filing fees or show they were entitled to proceed without payment, so the appellate process will not continue.

Who is affected by this dismissal?

Boss Lady Pub and Maria Elena Olvera, the appellants, are affected because their appeal is dismissed; the appellee’s position remains as it was in the trial court.

What happens to pending motions?

The court dismissed any pending motions as moot, meaning they are no longer considered because the appeal itself was dismissed.

Can this dismissal be appealed or undone?

The parties may have limited options, such as seeking reinstatement or filing a motion for reinstatement in the appellate court showing payment or entitlement to proceed without payment, but prompt consultation with counsel is recommended.

Boss Lady Pub (In Rem) and Maria Elena Olvera v. the State of Texas, Ex Rel. El Paso County Attorney Christina Sanchez

Docket 08-26-00130-CV

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

CivilDismissed

Filed: Apr 20, 2026 · 1 week ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 8th District (El Paso)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 08-26-00130-CV

Appeal from the trial court’s order in a civil action (Trial Court No. 2025DCV5439) where appellants filed a notice of appeal but failed to pay appellate filing fees or establish indigence.

Summary

The Court of Appeals (Eighth District, El Paso) dismissed Boss Lady Pub and Maria Elena Olvera’s appeal because they filed a notice of appeal but did not pay required appellate filing fees or show entitlement to proceed without payment. The clerk warned them that failure to pay by a specified deadline could result in dismissal; they did not respond or pay. The court therefore dismissed the appeal and any pending motions as moot on April 20, 2026.

Issues Decided

Whether appellants’ appeal should be dismissed for failure to pay required appellate filing fees when no motion to proceed without payment was granted.
Whether failure to respond to the clerk’s notice and comply with the Texas Rules of Appellate Procedure warrants dismissal of the appeal.

Court's Reasoning

Texas appellate rules require payment of appellate filing fees when a notice of appeal is filed unless the appellant is authorized to proceed without payment. The clerk notified appellants of the unpaid fees and set a deadline; appellants did not pay or otherwise respond. Because appellants failed to comply with the rules and the clerk’s notice, the court dismissed the appeal and rendered pending motions moot.

Authorities Cited

Tex. R. App. P.5, 20.1, 42.3(c)
Texas Government Code§§ 51.207, 51.208, 51.851(b), 51.941(a)
Order Regarding Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, Before the Judicial Panel on Multi-District Litigation, and in the Business CourtMisc. Docket No. 24-9047 (Tex. July 26, 2024)

Parties

Appellant: Boss Lady Pub
Appellant: Maria Elena Olvera
Appellee: The State of Texas, ex rel. El Paso County Attorney Christina Sanchez
Judge: Maria Salas Mendoza, Chief Justice
Judge: Palafox, Justice
Judge: Soto, Justice

Key Dates

Notice of appeal filed: 2026-03-26
Clerk's notice to pay fees: 2026-03-27
Deadline to pay fees (per clerk's notice): 2026-04-09
Court decision dismissing appeal: 2026-04-20

What You Should Do Next

1
Consult an attorney immediately
Get legal advice about whether you can move to reinstate the appeal or otherwise challenge the dismissal and the deadlines and standards for doing so.
2
Consider filing a motion for reinstatement
If eligible, prepare and file a motion showing timely payment of fees or proof of indigence and explaining the failure to pay, and do so as soon as possible under court rules.
3
Gather documentation of payment or indigence
Collect evidence of any attempts to pay, financial affidavit, or other documentation that supports a request to proceed without payment to include with any reinstatement motion.

Frequently Asked Questions

What does this decision mean?: The appeals court terminated the appeal because the appellants did not pay the required filing fees or show they were entitled to proceed without payment, so the appellate process will not continue.
Who is affected by this dismissal?: Boss Lady Pub and Maria Elena Olvera, the appellants, are affected because their appeal is dismissed; the appellee’s position remains as it was in the trial court.
What happens to pending motions?: The court dismissed any pending motions as moot, meaning they are no longer considered because the appeal itself was dismissed.
Can this dismissal be appealed or undone?: The parties may have limited options, such as seeking reinstatement or filing a motion for reinstatement in the appellate court showing payment or entitlement to proceed without payment, but prompt consultation with counsel is recommended.

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
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
————————————

No. 08-26-00130-CV

————————————

Boss Lady Pub and Maria Elena Olvera, Appellants

The State of Texas, ex rel. El Paso County Attorney Christina Sanchez, Appellee

On Appeal from the 448th District Court
El Paso County, Texas
Trial Court No. 2025DCV5439

M E MO RA N D UM O PI NI O N

Appellants, Boss Lady Pub and Maria Elena Olvera, filed a notice of appeal from the trial

court’s order on March 26, 2026, but neither paid the appellate filing fees nor established a right

to proceed without payment of costs. See Tex. R. App. P. 5, 20.1; see also Tex. Gov’t Code Ann.

§§ 51.207, 51.208, 51.851(b), 51.941(a); Order Regarding Fees Charged in the Supreme Court, in
Civil Cases in the Courts of Appeals, Before the Judicial Panel on Multi-District Litigation, and in

the Business Court, Misc. Docket No. 24-9047 (Tex. July 26, 2024).

Under the Texas Rules of Appellate Procedure, the fees for appealing to a court of appeals

are due at the time a notice of appeal is presented to the appellate court for filing. See Tex. R. App.

P. 5. On March 27, 2026, the Clerk of this Court notified Appellants that this appeal could be

dismissed if they failed to pay the filing fees by April 9, 2026. The Clerk further notified Appellants

that the failure to comply with a Texas Rule of Appellate Procedure, an order of this Court, or a

notice from the Clerk requiring a response within a specified time could result in dismissal of this

appeal. Appellants neither paid the filing fees nor otherwise responded to the Clerk’s notice.

We dismiss this appeal. See Tex. R. App. P. 5, 42.3(c). We dismiss any pending motions as

moot.

MARIA SALAS MENDOZA, Chief Justice

April 20, 2026

Before Salas Mendoza, C.J., Palafox and Soto, JJ.