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ELLIOTT v. KRAFT FOODS NORTH AMERICA, INC.

No. 14-02-00243-CV.

118 S.W.3d 50 (2003)

Joyce ELLIOTT, Appellant, v. KRAFT FOODS NORTH AMERICA, INC., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled November 13, 2003.

Attorney(s) appearing for the Case

David Petersen, Houston, for appellant.

Alex E. Cosculluela, Laura Denise Shelton, Houston, for appellee.

Panel consists of Justices YATES, HUDSON, and FROST.

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...

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