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BANDERA DOWNS, INC. v. ALVAREZ

No. 04-91-00700-CV.

824 S.W.2d 319 (1992)

BANDERA DOWNS, INC. and Toby Keeton, Appellants, v. Jesus Maria ALVAREZ d/b/a JA Cattle Company, Appellee.

Court of Appeals of Texas, San Antonio.

February 5, 1992.

Attorney(s) appearing for the Case

Karen H. Norris, Gilbert Vara, Jr., Davidson, Troilo & Booth, P.C., San Antonio, Rubio Salinas, Jr., Law Offices of Oscar Palacios, Pharr, for appellants.

Jesus M. Alvarez, Alvarez & Alvarez, P.C., Romero Molina, Law Office of Romero Molina, Rio Grande City, for appellee.

Before BUTTS, PEEPLES and BIERY, JJ.

OPINION

PEEPLES, Justice.

Appellant Bandera Downs appeals from a temporary injunction forbidding it to pay the winners of a horse race. Appellee Alvarez (d/b/a JA Cattle Company), whose horse was disqualified by the racetrack steward, obtained the injunction before giving the Texas Racing Commission a chance to hear his complaint. We hold that because Alvarez did not exhaust his administrative remedies the trial court had no jurisdiction to grant injunctive...

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