Affirmed and Majority and Concurring Opinions filed January 11, 2007.
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In The
Fourteenth Court of Appeals
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NO. 14-05-00254-CV
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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).