Andrew Brammer and Yolanda Brammer, Appellants v. KB Home Lone Star, L.P., Appellee, 114 S.W.3d 101

Summary

Before the owners' filed suit, the parties entered into an agreement whereby the owners agreed not to publicly disparage the company in exchange for improvements to their home. The owners later filed suit, after discovering more defects and the company refused to fix them. On review, the owners contended the injunction should be dissolved. The appellate court concluded that the temporary injunction as to enjoining the owners' speech was not warranted, as it constituted an unconstitutional prior restraint on the owners' freedom of expression and burdened more speech than necessary to serve other significant government interests. Further, their was no evidence that the owners waived their free speech rights by entering into the agreement. However, that portion of the temporary injunction enjoining the owners from engaging in threatening or abusive conduct towards the company's employees and customers was proper. The buffer zone created in the temporary injunction enjoining the owners ...