Martin v. Department of Public Safety

The plaintiff filed a petition in which he sought to enjoin the Department of Public Safety and named officers thereof from revoking his automobile operator’s permit after his alleged refusal to submit to a breath test to determine sobriety. After hearing, the court dismissed the injunction and the plaintiff appealed. Held:

1. The judgment of the trial court did not pass upon the merits of any defense filed by the defendants and must be construed as one dissolving a temporary restraining order and refusing a temporary injunction.

2. While, where there is no transcript of the evidence adduced…