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

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that the record contains some evidence supporting the jury’s finding of misrepresentation, that the court—not the factfinder—determines both groundlessness and bad faith for DTPA attorney‑fees awards, and that the Donwerths’ cross‑points were properly preserved without a separate appeal. The Court also held the DTPA claim was not groundless, so no fee award was warranted. A concurrence by Justice Ray agreed with the cross‑point holding, while Justice Phillips concurred in part, disagreeing that harassment alone justifies fees.