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).[1] 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 injunction)
08-0310
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)