What did the appeals court decide?

The appeals court dismissed the appeal because the appellant failed to pay the fee for the clerk's record and did not respond to the court's order to show cause.

Who is affected by this decision?

The appellant, EFT Express SA de CV, is directly affected because its appeal was dismissed; the appellee's favorable position from the trial court remains unchanged.

What happens next after dismissal for want of prosecution?

The dismissal is the court's final disposition of the appeal; costs of the appeal were taxed against the appellant, and the trial court judgment remains effective unless the appellant obtains relief in another proceeding.

Could the appellant have avoided dismissal?

Yes; by paying the required fee for the clerk's record or otherwise timely showing good cause for the delay in response to the court's order.

Can this dismissal be appealed or undone?

There may be limited options such as a motion for rehearing or a motion for reinstatement if timely and supported by a sufficient excuse, but the appellant should consult counsel immediately to determine available remedies.

EFT Express SA DE CV v. Diana Robles

Docket 04-26-00131-CV

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

CivilDismissed

Filed: Apr 15, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 4th District (San Antonio)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 04-26-00131-CV

Appeal from a district court judgment in Webb County, Texas, before the Fourth Court of Appeals.

Summary

The Fourth Court of Appeals dismissed EFT Express SA de CV's appeal from a Webb County district court for want of prosecution because the clerk's record was not filed and the appellant failed to pay the fee required for preparing the record. The appellate court notified the appellant and ordered a written explanation, but the appellant did not respond by the deadline. Citing the Texas Rules of Appellate Procedure, the court dismissed the appeal and taxed appellate costs against the appellant.

Issues Decided

Whether the appeal should be dismissed for want of prosecution because the appellant failed to pay the clerk's fee and the clerk's record was not filed.
Whether the appellant's failure to respond to an order to show cause justified dismissal under the Texas Rules of Appellate Procedure.

Court's Reasoning

The court relied on the procedural rule that an appeal may be dismissed when the record is not filed and the appellant fails to show cause for the delay. The clerk informed the court the record would not be filed because the appellant had not paid the required fee, and the appellant did not respond to the court's show-cause order. Because the appellant neither cured the defect nor justified the delay, dismissal for want of prosecution was appropriate.

Authorities Cited

Texas Rules of Appellate ProcedureTEX. R. APP. P. 37.3(b), 42.3(b)

Parties

Appellant: EFT Express SA de CV
Appellee: Diana Robles
Judge: David E. Garcia
Judge: Rebeca C. Martinez
Judge: Irene Rios
Judge: Lori I. Valenzuela

Key Dates

Trial court case number: 2021-01-01
Original clerk's record due date: 2026-03-17
Court notified clerk's record would not be filed: 2026-02-27
Show-cause order issued: 2026-03-12
Show-cause response deadline: 2026-03-23
Opinion delivered and filed: 2026-04-15

What You Should Do Next

1
Consult appellate counsel immediately
An attorney can assess whether a timely motion for reinstatement, motion for rehearing, or other relief is possible and prepare required filings.
2
Consider filing a motion for reinstatement or rehearing
If eligible, the appellant should file promptly with a credible explanation and supporting evidence for the missed fees and failure to respond.
3
Pay outstanding clerk's fees and prepare record
If the appeal is reinstated or another remedy is granted, ensure the clerk's record and any required fees are promptly paid and filed to avoid further dismissal.

Frequently Asked Questions

What did the appeals court decide?: The appeals court dismissed the appeal because the appellant failed to pay the fee for the clerk's record and did not respond to the court's order to show cause.
Who is affected by this decision?: The appellant, EFT Express SA de CV, is directly affected because its appeal was dismissed; the appellee's favorable position from the trial court remains unchanged.
What happens next after dismissal for want of prosecution?: The dismissal is the court's final disposition of the appeal; costs of the appeal were taxed against the appellant, and the trial court judgment remains effective unless the appellant obtains relief in another proceeding.
Could the appellant have avoided dismissal?: Yes; by paying the required fee for the clerk's record or otherwise timely showing good cause for the delay in response to the court's order.
Can this dismissal be appealed or undone?: There may be limited options such as a motion for rehearing or a motion for reinstatement if timely and supported by a sufficient excuse, but the appellant should consult counsel immediately to determine available remedies.

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

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00131-CV

EFT EXPRESS SA DE CV,
Appellant

Diana ROBLES,
Appellee

From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 2021CVF001280D4
Honorable David E. Garcia, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Lori I. Valenzuela, Justice

Delivered and Filed: April 15, 2026

DISMISSED FOR WANT OF PROSECUTION

The clerk’s record was originally due on March 17, 2026, but it was not filed. On February

27, 2026, the trial court clerk notified this court that the clerk’s record would not be filed when

originally due because the appellant is not entitled to appeal without paying the fee, and the

appellant had failed to pay the fee for preparing the clerk’s record. On March 12, 2026, this court

ordered appellant to show cause in writing by March 23, 2026, why this appeal should not be

dismissed for want of prosecution. Appellant did not respond. Accordingly, the appeal is
04-26-00131-CV

dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b). Costs of the appeal are

taxed against appellant.

PER CURIAM

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