Sold, But Not Moot

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).