Elliott v. KRAFT FOODS NORTH AMERICA, INC.

MAJORITY OPINION

LESLIE BROCK YATES, Justice.

Appellant, Joyce Elliott, brought suit against Kraft Foods North America, Inc., alleging various causes of action arising from her biting onto a hard object in cereal manufactured by Kraft. In its final judgment, the trial court awarded Elliott actual damages, but not attorney’s fees. In two points of error, Elliott argues (1) the trial court abused its discretion by failing to award Elliott her attorney’s fees for breach of an implied warranty under the Texas Deceptive Trade Practices Act (DTPA) because Elliott presented conclusive evidence that…