Harvey E. Donwerth, Petitioners v. Preston Ii Chrysler-Dodge, Inc., Respondent

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that there is sufficient evidence to support the jury's finding that Preston II misrepresented the automobile, that the determination of attorneys' fees under the DTPA is a matter for the court (including groundlessness and bad faith), and that the Donwerths' cross‑points were properly preserved without a separate appeal. The Court remanded for further proceedings consistent with these holdings. Justice Ray and Chief Justice Phillips filed concurring opinions; Ray agreed with the majority on cross‑points, while Phillips disagreed with the majority's view on harassment as a basis for fees but noted it was not essential to the disposition.