Klein v. Dooley

A defendant in a suit under the Deceptive Trade Practices Act may recover costs and attorney’s fees if the trial court finds that the plaintiffs DTPA claims were groundless or made in bad faith or for purposes of harassment. Tex. Bus. & Com.Code § 17.50(e). A plaintiffs voluntary nonsuit does not affect a defendant’s pending counterclaim for costs and attorney’s fees. Tex.R. Civ. P. 162. Today we consider: When DTPA plaintiffs take a voluntary non-suit and the trial court later rules that the defendants are not entitled to costs and fees under section 17.50(c), does the trial court’s judgment…