Oxysure Systems, Inc. v. WFAA T v. Channel 8, Tenga Media Inc., and Jobin Panicker ( 2021 )

DISMISS and Opinion Filed June 11, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01404-CV OXYSURE SYSTEMS, INC., Appellant V. WFAA T.V. CHANNEL 8, TENGA MEDIA INC., AND JOBIN PANICKER, Appellees On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-04556-2015 MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Smith We reinstate this appeal. In February 2017, we abated this case due to Oxysure Systems, Inc.’s bankruptcy. See TEX. R. APP. P. 8.2. The Court conducted an independent review of the federal Public Access to Court Electronic Records (PACER) system which shows the bankruptcy case associated with this appeal was terminated on April 21, 2017, effectively dissolving the automatic stay. We notified the parties by letter dated May 7, 2021, requesting they inform the Court of the status of the bankruptcy and of this appeal. We cautioned that the failure to respond would result in the appeal being dismissed for want of prosecution. See id. 42.3(b),(c). To date, no party has responded. Because we gave the parties an opportunity to show why we should not dismiss the appeal for want of prosecution and no one responded, we dismiss this appeal. See id. 42.3(b),(c); Chan v. SLK Builders, LLC., 2021 WL 2134157, at *1 (Tex. App.—Dallas May 26, 2021, no pet. h.) (mem. op.). /Craig Smith/ CRAIG SMITH JUSTICE 161404F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT OXYSURE SYSTEMS, INC., On Appeal from the 416th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 416-04556- No. 05-16-01404-CV V. 2015. Opinion delivered by Justice Smith. WFAA T.V. CHANNEL 8, TENGA Justices Molberg and Goldstein MEDIA INC., AND JOBIN participating. PANICKER, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Judgment entered June 11, 2021. –3–