Dr. Thomas R. McKinley, Petitioners v. Leon Drozd D/b/a Drozd Construction Company, Respondent

Summary

The Texas Supreme Court held that a consumer who prevails under the Texas Deceptive Trade Practices Act (DTPA) or under Tex. Rev. Civ. Stat. Ann. article 2226 is entitled to attorney's fees even when the overall judgment yields no net recovery. The Court reversed the Court of Appeals' denial of fees to the McKinleys and affirmed the trial court's award. The decision rests on a liberal construction of the statutes and the legislative intent to protect consumers.