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KLEIN v. DOOLEY

No. 96-1285.

949 S.W.2d 307 (1997)

James KLEIN, Ramona Klein, and Ruby Klein, Petitioners, v. Carol DOOLEY d/b/a Re-Max Champions, Steve Ernst, Elyse Ernst, and Matthew Jones, Respondents.

Supreme Court of Texas.

July 9, 1997.

Attorney(s) appearing for the Case

Richard W. Ewing, Dennis M. Beck, Houston, for Petitioners.

Daniel L. Burkeen, Grosebeck, Thomas E. Edmondson, William Brent Clarkson, James F. Tyson, Houston, for Respondents.

PER CURIAM.

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 plaintiff's DTPA claims were groundless or made in bad faith or for purposes of harassment. TEX. BUS. & COM.CODE § 17.50(c). A plaintiff's 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...

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