Donwerth v. Preston II Chrysler-Dodge, Inc.

OPINION

SPEARS, Justice.

This appeal presents the following issues: whether the record demonstrates some evidence of misrepresentation, whether the court or the finder of fact determines if an action is groundless and brought in bad faith under the Deceptive Trade Practices — Consumer Protection Act, Tex.Bus. & Com.Code § 17.41-17.63 (DTPA), and whether an appellee may seek affirmative relief in the court of appeals by cross-points without perfecting a separate appeal.

The court of appeals reversed the trial court’s judgment in favor of the consumers and rendered judgment that the consumers take…