In Guillaume v. EKRE of Texas, an FE&D appeal, the appellant argued that the appeal became moot after the appellee conveyed the relevant property. The Fifth Court disagreed, accepting the appellee’s two counterarguments:

“First, EKRE relies on the “well-settled rule” that if the interest of either party is purchased by a third party after the suit has commenced, the purchaser stands in the shoes of the seller, the sale does not moot the case, and “[t]he lawsuit may be continued in the name of the seller, or the court may exercise its discretion to allow the purchaser to be substituted in as a party in place of the seller.”” (citation omitted).

“Second, EKRE contends that, regardless of this well-settled rule, the third-party purchaser leased the property back to EKRE and it therefore retains “its rights in the property as landlord.” No. 05-24-00316-CV (Sept. 17, 2025).

In Ovation Services v. Buckner Foods, the Fifth Court addressed basic issues in the business of tax loans, as follows:

1. Valid agreement. The Court held that the parties’ tax lien transfer and consolidation agreement was valid. It rejected arguments that the contract unlawfully created new liens for non-delinquent taxes or exceeded statutory limits on such contracts, explaining that the agreement “does not attempt to create a lien,” but instead relies on the transfer and subrogation to existing tax liens. Consolidating and refinancing multiple tax loans does not violate the Texas Tax Code so long as the underlying liens were originally created for delinquent taxes.
2. Equitable subordination. The Court confirmed the lender’s right to equitable subrogation for the prior tax liens it paid off. The opinion emphasized that “equitable-subrogation rights to prior liens become fixed at the time the proceeds from the refinancing loan are used to discharge the earlier lien,” meaning that the lender stepped into the shoes of the prior lienholder even if the prior liens were later released. The court also made clear that the lender was not a “mere volunteer” but acted at the property owner’s request and with the expectation of repayment and security
3. BFP. The Court held that the subsequent purchaser of the property was not a bona fide purchaser as to the lender’s liens. Because the relevant instruments were properly recorded in the real property records and specifically referenced the lender’s subrogation rights, the purchaser was on inquiry notice and could not claim to have acquired the property free of those liens.

Finally, the court declared the tax liens superior to any other interest in the property and enforceable by the lender, confirming the lender’s right to recover all amounts due under the property tax loan agreement and to pursue judicial foreclosure. No. 05-24-00496-CV, Sep. 11, 2025

In Dartex Holdings Corp. v. Royalty Lending II, Ltd., the Dallas Court of Appeals held that an affidavit filed to domesticate a foreign judgment under the UEFJA was facially deficient because it did not show the affiant’s personal knowledge. The attorney who signed the affidavit merely identified her role, recited addresses, and summarized the judgment without stating any basis for knowing those facts. The Court thus reversed and rendered, denying domestication, while allowing a compliant refiling. No. 05-24-00984-CV, Sept. 15, 2025

In Melton v. Randall Management, the Fifth Court reversed a summary judgment on a conversion claim, concluding that a property manager’s post-eviction conduct could constitute an unlawful exercise of dominion over the tenant’s belongings.

The Court emphasized that the relevant writ of possession only authorized officers to place the tenant’s property “outside the rental unit at a nearby location” or, at the officer’s discretion, to engage a warehouseman to store it. As the Court summarized, the manager “has not shown, and we have not found, that affirmatively removing and disposing of the evicted tenant’s personal property is one of [those] authorized” options.

Because the manager admitted it ultimately “removed the remaining debris … and disposed of it,” the appellate court held that fact issues existed on whether the disposal was wrongful, making summary judgment improper.The panel also rejected the manager’s effort to rely on the eviction writ as a blanket defense, distinguishing the lawful execution of the writ from the later, independent decision to discard the tenant’s property.No. 05-23-01315-CV, Sept. 8, 2025

The defendant in Western Securities, Ltd. v. Jaffer filed a special appearance, supported by a declaration. The trial court denied the special appearance.

The plaintiff did not object to the procedural adequacy of the special appearance, in the trial court or on appeal.

Although there was no party presentation of the issue, the Fifth Court reversed, citing its precedent that this special appearance was “unsworn” because the declaration and special appearance were not identical in substance, and thus did not comply with Tex. R. Civ. P. 120a:

Brescia’s declaration did not attest to all the facts alleged in the special appearance—only those stated in his declaration. His declaration did not say he had read the special appearance. It never even mentioned the special appearance. In fact, it was dated about one month before the special appearance was filed. Moreover, based on our review of the special appearance and the declaration, it is apparent that the special appearance set out several jurisdictional allegations that Brescia did not attest to in his declaration.

No. 05-24-01492-CV (Sept. 5, 2025).

In Polaris Elec. Co. v. Raspberry 353 LLC, the Fifth Court  held that a Taiwanese electronics manufacturer lacked sufficient jurisdictional contacts with Texas.

The company did not maintain offices, employees, or advertising in the state, and its only Texas-bound products reached the forum solely because a third-party customer directed shipment “FOB Taiwan.” Allegations that the defendant conspired to hinder collection of a Texas judgment and engaged in fraudulent transfers were not enough; the court concluded those acts occurred abroad and therefore could not supply the necessary “Texas activities.”

Rejecting stream-of-commerce arguments, the court emphasized that mere awareness a product may end up in Texas does not equate to purposeful availment when title and control pass overseas. As a result, a $30+ million default judgment was vacated and the substantive claims dismissed. No. 05-23-00382-CV; Aug. 29, 2025

A recent concurrence from the denial of a mandamus petition provided a reminder about the precedential value of a denial: “[T]his Court’s failure to grant a petition for writ of mandamus is not an adjudication of, nor even a comment on, the merits of a case in any respect, including whether mandamus relief was available.” (quoting In re AIU Ins. Co., 148 S.W.3d 109, 119 (Tex. 2004)).