Warwick Towers Council of Co-Owners v. Park Warwick

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 insureds 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 insureds claims. 218 S.W.3d 149, 151. We conclude, however, that the notice of appeal in the insureds name was a bona fide attempt to invoke the appellate courts jurisdiction, and, accordingly, we reverse the court of appeals judgment and remand the case for consideration of the merits.