When Is Optimism Actually Pessimism? When Trump Is President

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan continues his discussion considering the future of the rule of law in the United States. Buchanan argues that even assuming a “long arc of American political history,” knowing that eventually, another group of heroes might rise is comforting only in a vague sense.

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In re Mobile Mini, Inc.

Docket: 18-1200

Opinion Date: March 13, 2020

Judge: Per Curiam

Areas of Law: Construction Law, Personal Injury

The Supreme Court conditionally granted Mobile Mini, Inc.'s petition for writ of mandamus and directed the trial court to vacate its order denying Mobile Mini's motion to designate a responsible third party in a construction worker's personal injury suit, holding that the trial court was obligated to grant Mobile Mini's motion to designate a responsible third party under the circumstances of this case. Mobile Mini, the owner of a construction trailer, was sued for injuries Luis Covarrubias received when a wind gust blew the door of the trailer closed on his hand. Mobile Mini filed a motion to designate Nolana Self Storage, LLC, the owner of the construction site, as a responsible third party so a jury could determine whether Nolana caused or contributed to Covarrubias's injury. The trial court denied Mobile Mini's request. The court of appeals denied Mobile Mini's mandamus petition. The Supreme Court conditionally granted the petition and directed the trial court to vacate its order denying Mobile Mini's motion to designate Nolana as a responsible third party, holding that Mobile Mini's discovery response disclosing Nolana as a potentially responsible third party was timely even though it was served after the statute of limitations had expired on Covarrubias's tort claims.

In re Interest of L.G.

Docket: 19-0488

Opinion Date: March 13, 2020

Judge: Per Curiam

Areas of Law: Family Law

In this termination of parental rights case the Supreme Court granted Father's petition and affirmed in part and reversed in part the judgment of the court of appeals affirming the trial court's termination of Father's parental rights, holding that there was no error that warranted reversal as to the termination of Father's parental rights but that the court of appeals erred by not detailing its analysis as required by In re N.G., 577 S.W.3d 230 (Tex. 2019). The trial court found clear and convincing evidence of ground to terminate Father's parental rights under Tex. Family Code 161.001(b)(1)(D),(E),(F),(N), and (O). The court further found that termination was in the child's best interest. The court of appeals affirmed. Father appealed, arguing, among other things, that the court of appeals erred by failing to detail its analysis of the trial court's findings as to grounds (D) and (E) in violation of In re N.G. The Supreme Court reversed in part, holding that the court of appeals properly found that termination was warranted in this case but erred in not detailing its analysis of whether legally and factually sufficient evidence supported termination of parental rights under section 161.001(b)(1)(D) and (E).

Hillis v. McCall

Docket: 18-1065

Opinion Date: March 13, 2020

Judge: Debra Lehrmann

Areas of Law: Personal Injury

In this premises-liability case arising out of a brown recluse spider bite the Supreme Court reversed the judgment of the court of appeals ruling that the property owner failed conclusively to establish the absence of a duty and thus reversing the trial court's summary judgment in his favor, holding that the landowner owed no duty to his bitten invitee. Defendant leased a cabin to Plaintiff on property in Fredericksburg, Texas. Plaintiff accessed a neighboring home, also owned by Defendant, at Defendant's request and, while there, was bitten by a brown recluse spider. Plaintiff sued for negligence under a premises-liability theory. Defendant filed a motion for summary judgment, arguing that under the doctrine of ferae naturae, he owed no duty to Plaintiff with respect to indigenous wild animals that Defendant had neither introduced to nor harbored on the property. The trial court granted summary judgment for Defendant. The court of appeals reversed. The Supreme Court reversed, holding that Defendant owed Plaintiff no duty as a matter of law under the circumstances of this case.