Bandera Downs, Inc. v. Alvarez

824 S.W.2d 319 (1992)

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Nature of the Case

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Facts

The Texas Racing Commission's steward at the Bandera Downs race track disqualified a horse owned by P from a qualifying race because the horse's trainer was found with an unlabeled controlled substance in his possession at the track. Several days later, P complained to the Texas Racing Commission that D refused to return his entry fee. In his complaint before the racing commission, he did not challenge the steward's decision scratching his horse from the race. Instead, he sought and obtained a court order temporarily restraining D from proceeding with the final race. D held the race anyway, and P then obtained an injunction prohibiting it from distributing the purse to the winners. P also sought actual and exemplary damages. The trial court temporarily enjoined D from disbursing the winnings. This appeal resulted.