In re Standard Jury Instructions in Contract & Bus. Cases—2018 Report.
| Decision Date | 06 December 2018 |
| Docket Number | No. SC18-867,SC18-867 |
| Citation | 260 So.3d 87 (Mem) |
| Parties | IN RE: STANDARD JURY INSTRUCTIONS IN CONTRACT AND BUSINESS CASES—2018 REPORT. |
| Court | Florida Supreme Court |
Honorable Paul Lee Huey, Chair, Supreme Court Committee on Standard Jury Instructions in Contract and Business Cases, Tampa, Florida; and Joshua E. Doyle, Executive Director, and Mikalla Andies Davis, Staff Liaison, The Florida Bar, Tallahassee, Florida, for Petitioner
The Supreme Court Committee on Standard Jury Instructions in Contract and Business Cases (Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions. We have jurisdiction. See art. V, § 2(a), Fla. Const.
The Committee filed its report in this case proposing amendments to the "How to Use this Book" section, and to the following existing jury instructions: 416.4 (Breach of Contract—Essential Factual Elements); 416.20 (Interpretation—Construction Against Drafter); 416.24 (Breach of Implied Covenant of Good Faith and Fair Dealing); 416.25 (Affirmative Defense—Mutual Mistake of Fact); and 416.26 (Affirmative Defense—Unilateral Mistake of Fact).
In addition, the Committee proposes new instructions 416.41 (Misappropriation of Trade Secrets), 416.42 (Breach of Duty to Disclose—Residential), 416.43 (Piercing the Corporate Veil), 416.44 (Legal Status of Entities), and 416.46 (Promissory Estoppel).
Lastly, the Committee proposes adding a new Appendix B with an Introductory Guide and the following new model verdict forms: 416.2 (Model Form of Verdict for Third-Party Beneficiary of Contract Claim); 416.3 (Model Form of Verdict for Formation of Contract); 416.4 (Model Form of Verdict for Breach of Contract); 416.5 (Model Form of Verdict for Oral or Written Contract Terms); 416.6 (Model Form of Verdict for Contract Implied in Fact); 416.7 (Model Form of Verdict for Contract Implied in Law); 416.8 (Model Form of Verdict for Formation of Contract—Offer); 416.10 (Model Form of Verdict for Contract Formation—Acceptance); 416.11 (Model Form of Verdict for Contract Formation—Acceptance by Silence or Conduct); 416.12 (Model Form of Verdict for Substantial Performance of Contract); 416.13 (Model Form of Verdict for Modification of Terms(s) of Contract); 416.14 (Model Form of Verdict for Interpretation—Disputed Term(s) ); 416.15 (Model Form of Verdict for Interpretation—Meaning of Ordinary Words); 416.16 (Model Form of Verdict for Interpretation—Meaning of Disputed Technical or Special Words); 416.17 (Model Form of Verdict for Interpretation—Construction of Contract as a Whole); 416.18 (Model Form of Verdict for Interpretation—Construction by Conduct); 416.19 (Model Form of Verdict for Interpretation of Contract—Reasonable Time); 416.20 (Model Form of Verdict for Interpretation—Construction Against Drafter); 416.21 (Model Form of Verdict for Existence of Conditions Precedent Disputed); 416.22 (Model Form of Verdict for Occurrence of Agreed Condition Precedent of Contract Claim); 416.24 (Model Form of Verdict for Breach of Implied Covenant of Good Faith and Fair Dealing); 416.25 (Model Form of Verdict for Affirmative Defense—Mutual Mistake of Fact); 416.32(a) (); 416.32(b) (); 416.33 (Model Form of Verdict for Affirmative Defense—Equitable Estoppel); 416.35 (Model Form of Verdict for Affirmative Defense of Contract Claim—Judicial Estoppel); 416.36 (Model Form of Verdict for Affirmative Defense—Ratification); 416.37 (Model Form of Verdict for Goods Sold and Delivered); 416.38 (Model Form of Verdict for Open Account); 416.39 (Model Form of Verdict for Account Stated); 416.42 (Model Form of Verdict for Breach of Duty to Disclose—Residential); 416.43 (Model Form of Verdict for Piercing the Corporate Veil in Contract Claim); 416.44 (Model Form of Verdict for Legal Status of Entities in a Contract Claim); and 416.46 (Model Form of Verdict for Promissory Estoppel).
Because the Committee's proposals were published in the December 15, 2011, December 1, 2014, March 15, 2015, May 15, 2016, May 1, 2017, or September 1, 2017, issue of The Florida Bar News , with comments submitted in late 2014 and early 2015, the Court published the proposals in the July 1, 2018, edition of The Florida Bar News . No comments were received by the Court.
Having considered the Committee's report and the comments received by the Committee, we authorize the Committee's proposals for publication and use as set forth in the appendix to this opinion. New language is indicated by underlining and deleted language is indicated by struck-through type. In authorizing the publication and use of these instructions and verdict forms, we express no opinion on their correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions or verdict forms nor contesting the legal correctness of the instructions or verdict forms. We further caution all interested parties that any notes on use or sources and authorities associated with the instructions or verdict forms reflect only the opinion of the Committee and are not necessarily indicative of the views of this Court as to their correctness or applicability. The instructions and verdict forms as set forth in the appendix shall become effective when this opinion becomes final.
It is so ordered.
APPENDIX
HOW TO USE THIS BOOK
This book contains standard jury instructions prepared by the Florida Supreme Court Committee on Standard Jury Instructions in Contract and Business Cases. Because it is impossible to cover every circumstance or issue with standard instructions, this book includes only those instructions which occur with enough frequency to have warranted their preparation.
Although the Florida Supreme Court has approved this book, the Court has not expressed an opinion as to the instructions' correctness. Also, because of changes in the law, these instructions may become outdated or in need of revision or supplementation. For these reasons, parties remain free to contest a standard instruction's legal correctness or to request additional or alternative instructions.
A.Getting Started.
When compiling a set of proposed instructions, the following minimum steps should be taken:
1. Determine the current and complete law required for instructing the jury in your case.
2. Make sure you are using the current version of Florida Standard Jury Instructions (FSJI). The official version of FSJI (Contract and Business) is located at the committee's website,www.floridasupremecourt.org/contract_jury_instructions/index.shtmlhttp://www.floridasupremecourt.org/jury_instructions.shtml. You also can check for the latest updates by accessing the most recent publication date on the "Court Decisions & Rules" link of the Florida Supreme Court's website homepage, www.floridasupremecourt.org. Also, check the "Rule Cases" link on the Clerk's Office webpage for instructions. Ensure that all updates from The Florida Bar are fully and correctly inserted in printed versions of the book, and check the committee's website for any approved instructions that have not yet reached publication.
3. Compile a complete set of proposed instructions for your case from the instructions in this book and, if necessary, by modifying standard instructions or drafting your own case-specific instructions using other appropriate sources.
B.Using This Book for the First Time.
The introductory passages below provide useful guidance for preparation of jury instructions by first-time users of this book. Assembling a set of proposed instructions for the trial judge follows custom and organization which may vary somewhat depending on the type of case, and the judge may have specific requirements as well. The standard instructions in this book are included as examples of how a set of instructions is customarily assembled. Even if these standard instructions are not specifically applicable to your particular case, they can assist you in organizing your proposed instructions. Remember that standard instructions may not fully cover the law in any given case, and case-specific instructions may be required.
C.Finding the Right Instruction.
The instructions are listed by subject matter in the table of contents and in alphabetical order by name in the index. At the start of each section, there is a list of the instructions in that section. All instructions are numbered and presented in numerical order. An instruction may be located by number by quickly scanning the numbers in the running heads.
D.Ensuring the Instruction Is Current.
Supplements to this book will have pages containing the date when the committee last revised the page. No date means the page was part of the original book. The authorities identified below certain instructions may include the dates for authorities on which the committee based the instruction. If the law has changed, the instruction may need to be modified accordingly. The committee's process of revising standard instructions can be lengthy because it involves discovering the need for a change, researching the law, preparing and revising proposed instructions, and publishing the proposed instructions for comment. Based on comments received, the proposed instructions may again be modified. Only after this process is completed does the committee submit the proposed instructions to the Florida Supreme Court for approval. Even if the Court approves new instructions, the instructions may not have appeared in a printed update to this book. All new instructions and revisions to this book, including the latest Florida Supreme Court opinions and text of instructions, are published on the Florida Supreme Court's website homepage, www.floridasupremecourt.org, and atwww.floridasu...
To continue reading
Request your trial
-
Khalid v. Citrix Sys.
...jury instructions. Florida, like Washington, publishes a set of pattern jury instructions. In re Standard Jury Instructions in Contract & Bus. Cases, 2018 Report, 260 So. 3d 87 (Fla. 2018). The trial court provided the jury with a modified version of Standard Instruction 416.24, entitled "B......