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WARWICK TOWERS COUNCIL EX REL. ST. PAUL FIRE & MARINE INSURANCE COMPANY v. PARK WARWICK, L.P.

No. 07-0384.

244 S.W.3d 838 (2008)

WARWICK TOWERS COUNCIL OF CO-OWNERS, by and through ST. PAUL FIRE & MARINE INSURANCE COMPANY, Petitioners, v. PARK WARWICK, L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C., Respondents.

Supreme Court of Texas.

January 25, 2008.

Attorney(s) appearing for the Case

Shahin A. Khoshbin, Robin George Bechtold, Clouse Dunn Khoshbin LLP, Craig S. Douglass, The Law Offices of James K. LaRoe, Dallas TX, for Petitioner.

Ruth Ellen Piller, Hays McConn Rice & Pickering, P.C., Houston TX, for Respondent.

PER CURIAM.

In this case we decide whether an insurer, asserting rights to subrogation, waived its right to appeal by filing the notice of appeal in its insured's name. The court of appeals concluded that the insurer could perfect the appeal only in its own name because the underlying judgment denying it subrogation was on grounds that were independent of the insured's claims. 218 S.W.3d 149, 151. We conclude, however, that the...

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