Ex parte Blasingame

• Decision Date: 20 April 1988
• Docket Number: No. C-7071,C-7071
• Citation: 748 S.W.2d 444
• Parties: Ex parte Murle and Jane BLASINGAME.
• Court: Texas Supreme Court

Page 444

748 S.W.2d 444

Ex parte Murle and Jane BLASINGAME.

No. C-7071.

Supreme Court of Texas.

April 20, 1988.

Brian H. Clapp, Dixon & Neuville, Granbury, for relators.

Stan Harrell, Pope, Hardwicke, Christie, Harrell & Kelly, Fort Worth, for respondent.

OPINION

CULVER, Justice.

This is an original proceeding for writ of habeas corpus. Murle Blasingame and Jane Blasingame were adjudged in contempt of court, for violation of the terms of a permanent injunction issued on October 20, 1983. By order of this court, relators have been released on bond and are not currently incarcerated. Relators seek relief based on several grounds. For the reasons explained below, the petition for writ of habeas corpus is granted.

In 1983, E.D. Mayes brought suit for injunctive relief against the Blasingames. Mayes alleged that the Blasingames constructed a fence across a public road which impeded access to Mayes' property. The roadway in question began where it intersected a county road, ran along the southern border of the Blasingames' property, and ended at the southwest corner of Mayes' property. On October 20, 1983, by agreed judgment, the Blasingames were enjoined from interfering with the road. The agreed judgment stated, in pertinent part:

It is therefore ordered by the court that the defendants, Murle Blasingame, and wife, Jane Blasingame, and all other persons in concert or participation with them who receive actual notice of this judgment are hereby permanently and perpetually enjoined from obstructing or in any manner interfering with access to, from, over and across the public roadway at any point from its beginning point where it intersects with County Road No. 203 to the point where it terminates at the southwest corner of plaintiff's 193 acre tract of land as described in this final judgment and permanent injunction, and further permanently enjoined from placing any signs upon said roadway indicating or implying that the same is a private roadway. It is further ordered that all costs of this proceeding be taxed against the plaintiff.

The judgment goes on to define the north and south boundary lines of the roadway by reference to fences that were in place at that time. The properties of the parties, the roadway and the fences are shown in a survey plat which was identified in the final judgment. Although the record is not clear, the Blasingames apparently obeyed the court order and removed the obstruction from the road.

Sometime in the next four years, the Blasingames tore down the old barbed wire fence that ran along the southern border of their property and built a new pipe metal fence in its place. The Blasingames also constructed a cattle guard across the roadway near the southwest corner of their property and placed a "no trespassing" sign near the cattle guard on their property. On August 20, 1987, Mayes filed a motion for contempt, alleging that the Blasingames intentionally and contemptuously violated the 1983 injunction. Specifically, Mayes alleged that the Blasingames placed their new fence as much as eight feet further south at some points than where the old fence was situated. Mayes complained that the new fence, cattle guard, and no trespassing sign violated the original permanent injunction because they impeded access to, from, over and across the public roadway.

The trial court held the Blasingames in contempt for violation of the injunction of October, 1983. The contempt order stated, in pertinent part:

It is therefore ordered that the defendants, Murle Blasingame and Jane Blasingame, are in contempt of this court in violation of the final judgment entered in this cause on October 20, 1983, and the court orders that the defendants, Murle Blasingame and Jane Blasingame, be remanded to the custody of the sheriff of Hood County, Texas, and thereafter confined in the county jail of Hood County, Texas, for a period of (3) days, and it is further the order of this court that the defendants, Murle Blasingame and Jane Blasingame, be fined the sum of Two Hundred Fifty Dollars ($250.00) and that the same be paid into the registry of the district clerk of Hood County, Texas.

It is further ordered, however, that imposition of this punishment shall be suspended upon the following terms and conditions:

1. That the defendants remove and relocate the "new pipe fence" to a line along the northern boundary of the public roadway as established in the final judgment of this court and as depicted on the survey of Wayne Graham (plaintiff's exhibit number one). Said work is to be completed on or before November 1, 1987.

2. That defendants remove the subject cattle guard and restore the road to its condition immediately prior to the construction of same, and that such work be completed on or before November 1, 1987.

The record reveals that the...