In Re: Terrell v. Torres (1/23/20)

We blogged the Court of Appeals’ opinion here; go there for the facts.

The Supreme Court vacates that opinion and affirms the trial court’s disposition, though for a different reason. The court agrees with the parties and the lower courts that contract law should govern (though it notes that going forward the statute will override such contracts). Unlike CA1, the court then actually cites and applies principles of contract law. It reviews the facts and recognizes that the contract called for a particular result and did not authorize courts to balance interests. The trial court, though it employed some balancing, had ordered that result.

“We are cognizant of the unavoidable emotional fall-out attendant to the disposition of the embryos here. But the family court was required to enforce the . . . Agreement.” One wonders at what point the court feels it appropriate to apologize for hurting someone’s feelings by enforcing the correct legal result.

(Opinion: In Re: Terrell v. Torres)