law permanent injunction | temporary injunction
We agree with Gayle that the injunctive provision in issue is less than clear, as what constitutes
“coarse or offensive” communication, especially between warring spouses, is largely in the eye of
the beholder. However, because the judgment lacks a critical component necessary to invoke the
court’s contempt power, we do not reach Gayle’s constitutional challenges. See In re B.L.D., 113 S.
W.3d 340, 349 (Tex. 2003) (“As a rule, we only decide constitutional questions when we cannot
resolve issues on nonconstitutional grounds.”); Bradley v. State ex rel. White, 990 S.W.2d 245, 247
(Tex. 1999) (same). In re Coppock, No. 08-0093 (Tex. 2009)(O'Neill) (contempt in divorce case
overturned by habeas corpus)
07-0947 LOUISE WALKER AND THE JAMES WALKER FAMILY LIMITED PARTNERSHIP v. CHAD L.
LAMPMAN AND TRACI L. LAMPMAN; from Bosque County; 10th district (10-06-00096-CV, ___ SW3d ___,
08-08-07, pet. denied Jun 2008) [Concurrence in 10-06-00096-CV] (land dispute, easement law, permanent
MICHAEL M. MCAFEE v. RICK FOSTER, ET AL.; from Cooke County; 2nd district (02-07-00080-CV, ___
SW3d ___, 02-07-08, pet. denied Jun 2008)(permanent injunction, nuisance, excessive noise, jury issue or
not, equitable relief)