Warwick Towers Council of Co-Owners, by and Through St. Paul Fire & Marine Insurance Company v. Park Warwick, L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C.

• Court: Court of Appeals of Texas
• Decided: January 11, 2007
• Docket: 14-05-00254-CV
• Status: Published

Opinion

Affirmed and Majority and Concurring Opinions filed January 11, 2007

Affirmed and Majority and Concurring Opinions filed January 11, 2007.

In The

Fourteenth Court of Appeals

_______________

NO. 14-05-00254-CV

WARWICK TOWERS COUNCIL OF CO‑OWNERS, by and through

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellant

V.

PARK WARWICK, L.P., PARK WARWICK INVESTMENTS, L.L.C.,

AND PARK HOTEL INVESTMENTS, L.L.C., Appellees

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 03-31949

C O N C U R R I N G   O P I N I O N

Our Supreme Court does not foster appellate disposition based on procedural defects when parties have not been afforded opportunity to amend under Rule 44.3, Tex. R. App. P. The majority has disposed of this case by identifying a procedural defect which was not raised or briefed by the parties.  I respectfully submit that an opinion without citations to authority supporting the essential reason for disposition is of no moment. 

As an insuror and subrogee, St. Paul is asserting uncontested contractual or equitable subrogation rights.  St. Paul is entitled to disposition of the issues presented in its appellate brief.  Accordingly, I concur in the result only because I would affirm if this case were considered on the merits.

/s/        Charles W. Seymore

Justice

Judgment rendered and Majority and Concurring Opinions filed January 11, 2007.

Panel consists of Justices Hudson, Edelman, and Seymore.  (Edelman, J., majority).