Warwick Towers Council of Co-Owners Ex Rel. St. Paul Fire & Marine Insurance Co. v. Park Warwick L.P.

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 notice of appeal in the insured’s name was a bona fide attempt to invoke the appellate court’s jurisdiction, and, accordingly, we reverse the court of appeals’ judgment and remand…