Sterling v. San Antonio Police Department

Opinion by

SANDEE BRYAN MARION, Justice.

This is an appeal from the trial court’s granting of appellees’ pleas to the jurisdiction and appellees’ motion to quash appellant’s subpoena of an undercover police officer on the grounds that the court did not have jurisdiction to determine the enforcement of a penal statute criminalizing gambling. We agree that the trial court did not have jurisdiction and affirm the trial court’s order granting the pleas to the jurisdiction. However, rather than deny appellant’s application for a temporary injunction, the trial court should have dismissed it.…