There’s still some life in a lawsuit challenging the state’s ban on Texas Hold’em poker tournaments.

In an unpublished opinion released this morning, a unanimous three-judge panel of the N.C. Court of Appeals dismissed an appeal from the state and the Wake County district attorney’s office. The two government agencies wanted the Appeals Court to reverse a trial judge’s ruling to allow the legal action to proceed.

Plaintiff Robert Mussen seeks “a judicial determination that, in essence, a competitive, tournament version of Texas Hold’em poker is not a form of illegal gambling under state law because of the level of skill involved in the game.”