Texas State Board of Pharmacy v. Gibson's Discount Centers, Inc.

REAVLEY, Justice.

The narrow question here is the jurisdiction of the Court of Civil Appeals as a consequence of the appellants indicating by their notice of appeal in the trial court that they would appeal to the Texas Supreme Court. The Court of Civil Appeals has dismissed the appeal for want of jurisdiction. 530 S.W.2d 332. We remand the cause to that Court for a determination of the merits of the appeal.

The judgment of the trial court enjoined Texas State Board of Pharmacy and other defendants from enforcing Tex.Rev.Civ. Stat.Ann. art. 4542a § 20A, subdivisions 11(a) and 11(d) (1973),…