Continental Casualty Co. v. Huizar

I concur in the court’s decision to deny Continental Casualty Company the right to maintain the appeal of the trial court’s judgment against SHWC, Inc. My purpose in writing this concurring opinion is to take issue with the dissent’s position that a right to pursue the appeal exists under the doctrine of virtual representation.

It has long been the law in this state that an appeal or a writ of error “can only issue at the instance of a party to the suit, or of one whose privity of estate, title or interest appears from the record of the cause in the *431court below, or who may be the legal…