The Essence Of The Epoche

"The Essence of the Epoche"

In the Supreme Court ruling of Davis v. Davis, Justice Daughtrey created an epoche of the law when she, unlike previous judges, based her decision on the recognition of a new category more relevant to the case rather than relying on one previously established. She casts aside conventional thoughts and residual knowledge by declaring the case to present a "question of first impression" which will require the court to act through common law. Although Justice Daughtrey relates other statutes, cases, and constitutions to the case, she refuses to follow any precedent established by similar situations.

Establishing Davis v. Davis to be a case of "first impression" because it lacks a controlling contract or statute, Justice Daughtrey begins to introduce facts regarding the case: Mr. and Mrs. Davis have been married for nine years. Mr. Davis is thirty years of age, and Mrs. Davis is twenty-eight years of age. Together, the couple earns roughly $35,500 annually, with Mr. Davis earning $17,500 and Mrs. Davis earning $18,000. Mrs. Davis is currently a resident of the state of Florida. The couple desired a family, but were deterred by Mrs. Davis's five tubal pregnancies and a surgical treatment that rendered it impossible for her to conceive naturally. Having suffered considerable trauma and pain from attempts to conceive, it was concluded Mrs. Davis's only option to conceive was through in vitro fertilization. In 1985, the couple became familiar with and participated in an in vitro fertilization program. After six failed attempts to conceive through in vitro fertilization, the Davis' suspended their involvement in the program and opted to obtain a child through adoption. When adoption attempts failed, the couple returned to the in vitro fertilization program. In 1988, Mrs. Davis learned of a new cryopreservation program, and, after discussing the information with Mr. Davis, again reentered the program with the intent of producing a child. The court found Mrs. Davis to have suffered many painful, tiring, and emotionally stressful procedures in her efforts to become a mother. The court further found that Mr. Davis, who donated sperm to the process, also spent many stressful hours waiting for news that he was indeed a father. In December of 1988, nine embryos were successfully created. After the implantation of two failed, the Davis's placed the remaining seven embryos in storage for future implantation purposes. After filing for divorce, the Davis's were faced with this dilemma: who, if anyone, should receive the embryos in the divorce?

After summarizing the facts of the case, Justice Daughtrey introduced the opinions of the lower courts, emphasizing the pre-existing legal categories associated with divorce: 1) custody of children; and 2) dividing ownership of property. By doing so, Justice Daughtrey indicates that the lower courts instantly place the embryos in question within the pre-existing categories. This established, Justice Daughtrey delivered the previous decisions before expressing her distaste for both. The trial court, particularly Judge Young, viewed the embryos as children rather than property, and placed custody with Mrs. Davis as it was in the best interest of the "children or intended children." Judge Young further held that Mrs. Davis held temporary custody for the sole reason of future implantation, at which time all issues of support, visitation, and final custody issues would be addressed by the Court. The Court of Appeals however, disagreed. In Judge Franks' opinion, the embryos fit the category of property rather than custody of children. He then proceeded to vest control of the embryos to both Mr. and Mrs. Davis, thereby reinstating