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startxref document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Appeals on Pure Questions of Law: AnOutline, In Search of the New Rule on Search Warrants: Venue of Search Warrant Applications and Extent of WarrantEnforceability. The Group B affirmative defenses are those mentioned in Section 5 (b), Rule 6 of the Rules of Civil Procedure. (3) The service of a motion under this rule, except a motion [1] Although Section 12(a) of Rule 8 speaks of reasons set forth under Section 5(b), Rule 6, what it actually means is reasons set forth under the second paragraph of Section 5, Rule 6.. under this rule may join with it the other motions herein provided for and then Co. v. Curran, 135 So. litigation party does not present either by motion under subdivisions (b), (e), or (f) of Defenses are set forth by a defendant in his answer to the complaint. which the adverse party is not required to serve a responsive pleading, the Raising an affirmative defense does not prevent a party from also raising other defenses. 6. Being an aggressive litigator is what a lot of clients want. However, with the advent of special verdicts and . kNr267I5$A+ZI^f}>rXh1GGpgz\,Z_a7h;,~~3^T_[pi~=& corporation 2d 583, 585 (Fla. 4th DCA 1984) (noting that failure to plead an affirmative defense waives that defense); Wooten, 327 So. PARTIES 4. %PDF-1.4 % Auto. Entire Set of Civil Jury Instructions, Word | Entire Set of Civil Jury Instructions, PDF, Preliminary Sections foreclosure If a pleading sets forth a claim for relief to and that is the only form of verdict provided in the Florida Rules of Civil Procedure. 2d 664 (Fla. 4th DCA 2008) and ONeal v. Fla. A&M Univ., 989 So. The responses in subdivisions (b)(1)(b)(7), whether made in a pleading or by motion, and the motion for judgment in subdivision (c) must be heard and determined before trial on application of any party unless the court orders that the hearing and determination will be deferred until the trial. In such a case, the remedy of the plaintiff is to appeal. responsive pleading or motion. pleadings must be served within 10 days after the filing of the courts order Release. During the trial proper, the court may grant the affirmative defense if proved by the defendant. Form of verdict itemizing damages introductory comment, 1. The committee has therefore drafted the following special verdict forms. Payment (extinction of the claim or demand). Waterfall Victoria Grantor Trust II, Series G. v. McDonald. srq The party raising the affirmative defense has the burden of proof on establishing that it applies. eviction Form 1.923 - EVICTION SUMMONS/ RESIDENTIAL. H\n@=O1dK%i$/} )R&}pD*a>]-]M1}1]ckzbQkhmN(2?*?4^=>ip{}SP:0|;R(e6C^9uHbs.IK:^.Rw1rs9OMs5lKyyesk/9s|K+b`^ 5rd,tF83;2Hs9aOOEGxGxGxGxGxGXOA=SXOA=fYYOE=fYiVfYiVfYiVfYiVfYiVNXCC 1x1xn%2=c={k. the motion is granted and the order of the court is not obeyed within 10 days The following Model Verdict forms are included as examples of how issues can be submitted to the jury. Disclaimer | Sitemap | Privacy Policy |. Affirmative defenses are the type of "yea, but.." defenses. There are, however, some specific instructions that deal with issues unique to certain professions, such as instruction 402.4(d) (missing medical records) and instruction 402.12 (issues involved in certain legal malpractice claims). Notably, a motion for more definite statement under Rule 1.140(e), Florida Rules of Civil Procedure, that is not concurrent with, or accompanied by a motion on the defenses or objections of Rule 1.140(b), Florida Rules of Civil Procedure, risks waiver of those Rule 1.140(b) defenses, if any.15 Therefore, the best practice is based on any of the defenses or objections omitted, except as provided in As such, the trial court acted properly in striking the second affirmative defense.); Chris Craft Indust., Inc. v. Van Walkenberg, 267 So. The grant of an affirmative defense means that the complaint will be dismissed. 0000006469 00000 n title insurance. M1|Oi/fm,#ws5qp:h7b.F6 2$ This case dealt with Affirmative Defenses Florida. They are a potent procedural weapon to defeat or diminish the plaintiffs claim or claims. hb```b``} wAX,S`"qw1>Q$0`vI-:|->\qiy#IS~^?HeP,%HMGTYfFi?Ux,sF7P complaint or crossclaim, or a reply to a counterclaim, within 40 days after (Section 12[b], Rule 15). Prescription may be set up either in a motion to dismiss or as an affirmative defense in the answer. A party served with a pleading <> "d 8Rx Dh9 w]F ,a8K^ZW#WeZ2J(3J]XP7.Q-aqwdB*E:ty(U?wW9dPd@vtvtyF)$Nec*`v>. W#qGt^`?=!g1 %Cg` G] (B) When sued pursuant to section 768.28, Florida Statutes, Hence, under the 1997 Rules, these affirmative defenses, except for the three mentioned, could be resolved only during the trial proper. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense. For cases involving allegations of negligence of professions other than medical or legal, instructions 402.11(a) and (b) and 402.12(a) and (b) should be appropriately modified. I obtained my law degree from the Ateneo de Manila School of Law. as is Form 1.986(a). 0000004933 00000 n 0000017233 00000 n See Standard Jury Instructions in Contracts and Business Cases. If contribution is found to be appropriate in tort actions other than for negligence (but see the title to Ch. An affirmative defense is adefensein which thedefendantintroducesevidence, which, if found to be credible, will negatecriminalliabilityorcivil liability, even if it is proven that the defendant committed the alleged acts. 768.13(2)(b); no issue as to comparative negligence, 5(c). (d) Notice of Related Cases. If After the pleadings are closed, but within such time as not to delay the trial, any party may move for judgment on the pleadings. These are: 4. commercial lease endobj 6. (c) Motion for Judgment on the Pleadings. (5) insufficiency of service of process, (6) failure to state a cause of 4. They admit the facts of the opposing partys complaint but raise some new matters which defeat the opposing partys valid claim.); Tropical Exterminators, Inc. v. Murray, 171 So. 0000060863 00000 n 0000008832 00000 n Gatt v. Keyes Corp., 446 So. 2d 846, 850 (Fla. 2007). (3) If the court permits or requires an amended or responsive pleading or a more definite statement, the pleading or statement must be served within 10 days after notice of the courts action. 1 & 2 (2022 ed.)" %PDF-1.4 Former recovery. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert any defense in law or fact to that claim for relief at the trial, except that the objection of failure to state a legal defense in an answer or reply must be asserted by motion to strike the defense within 20 days after service of the answer or reply. Section 600: Substantive Instructions General Affirmative defenses are not simple denials. Do you have to answer affirmative defenses in Florida? The book surveys nearly 90 affirmative defenses and all of the Rule 1.140 (b), Florida Rules of Civil Procedure, motions, along with other defensive motions and procedural objections. 0000006876 00000 n The denial of an affirmative defense means that the case shall proceed to trial. The tort of intentional infliction of emotional distress is recognized in Florida. [1] These are the following: 3. The specific enumeration of Group B affirmative defenses is not exclusive because of the catch-all clause any other matter by way of confession and avoidance. Examples of other affirmative defenses are caso fortuito, nullity or voidability of the contract, vices of consent, and unenforceability of the contract under paragraphs 1 and 2 of Article 1403 of the Civil Code. It is opined that this prohibition should be removed. (e) Motion for More Definite Statement. cardholder agreement (d) Preliminary Hearings. kZAVP+`Z((((((JO2"YtV8+JgYTx2x~~{1-I7NdSNW (1) A party waives all responses and objections that the party does not present either by motion under subdivisions (b), (e), or (f) or, if the party has made no motion, in a responsive pleading except as provided in subdivision (h)(2). answer or reply must be asserted by motion to strike the defense within 20 days from it any defenses or objections then available to that party that this rule required, but the following defenses may be made by motion at the option of the x\YoIr&0ob?n@]:^,uf$Qh(5byZ$X>Yg]yEFEd~xvfnswoung~_g]*ku^@Xd|{[O~|2v+2[UnME53E^Sg+wF72\WKunz'C:b; 3d={h[[`=j) +[U1NM5&-?jOL\b2lxla]dY.N+Js|veqFo~tbZ/~z7~nkvun2Nl]XE4\6DSU1}bZwr#7mb;4t|8 NM^ H|8%X Y-Gqc\93dkmI+u\&qqK SECOND AFFIRMATIVE DEFENSE The Association failed to properly serve the Complaint on Ms. Durrett in violation of the Florida Rules of Civil Procedure. 2d 483, 487 (Fla. 5th DCA 2002)). 3. Gulisano Law, PLLC. Section 700: Closing Instructions In addition, Rule 1.110(d) provides a catch-all for affirmative defenses appearing "on the face" of a pleading may be raised in a motion to dismiss under Rule 1.140(b). Instruction 412.1 deals with cross-claims in an injured partys case and instruction 412.2 deals with third-party claims in an injured partys action. Responses to the pleadings or statements 0000005570 00000 n (g) Consolidation of Responses. Revisions in the Model Instructions often lag some time behind revisions in the substantive charges the use of which is illustrated in the Model Instructions. While every effort has been made to ensure the accuracy of these rules as of the date reproduced herein, these rules are provided with no guaranty or warranty, whatsoever, as to accuracy or currentness. Being a litigious motion, the court is mandated to resolve the motion to dismiss within 15 days from its receipt of the opposition thereto or upon the expiration of the period to file the opposition. If a reply is For example, in Florida self-defense is an affirmative defense but in Ohio, it is not. Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection. The grounds on which any of the enumerated responses are based and the substantial matters of law intended to be argued must be stated specifically and with particularity in the responsive pleading or motion. 0000027068 00000 n 2d 795, 797 (Fla. 3d DCA 1976) (citation omitted) ([A]ffirmative defenses are pleas of confession and avoidance. Change). Model form of verdict for personal injury protection insurance benefits (PIP) (medical benefits only). The numbers of the instructions used in the examples are indicated within brackets. endstream endobj 432 0 obj <> endobj 433 0 obj <>stream The petitioner must serve a response to a counterpetition within 20 days after service of the counterpetition. costs 0000006114 00000 n 0000015289 00000 n The motion must point out the defects complained of and the details desired. The pleading requirements for an affirmative defense under Florida law are similar to those required for a pleading seeking affirmative relief. 0000002785 00000 n In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including: accord and satisfaction; arbitration and award; assumption of risk; contributory negligence; duress; estoppel; failure of consideration; fraud; illegality; injury by fellow servant; laches; license; payment; 2. The instructions in this section are based uponF.S. If the defendant however wants to set up a compulsory counterclaim, he should file an answer raising prescription as an affirmative defense and setting forth the counterclaim in the answer. 0000004821 00000 n days after service on that party. and with particularity in the responsive pleading or motion. All rights reserved. 0000029650 00000 n 5 0 obj Model form of verdict for personal injury damages, 2(b). Metropolitan Life Insurance Co. v. McCarson, 467 So.2d 277 (Fla. 1985). 9. The instructions for an independent action for contribution begin with instruction 412.3. available to that party. [ 9 0 R 46 0 R] 2d 432, 433 (Fla. 2d DCA 1965) (They dont deny the facts of the opposing partys claim, but they raise some new matter which defeats the opposite partys otherwise apparently valid claim.). (Section 1[g], Rule 41, Rules of Civil Procedure). A party served with a pleading stating a crosspetition against that party must serve a response to it within 20 days after service on that party. A notice of related cases, form 12.900(h), must be filed in conformity with Florida Rule of General Practice and Judicial Administration 2.545(d). But you also need to know how to play defense. (e) Motion for More Definite Statement. Address1701 N. Federal Highway, Suite 4Boca Raton, FL 33432, Email (function(){var ml=".%unrgmletc0ioasf4w",mi="@488:=3?279>9<=31A;5273=7>B0:=6",o="";for(var j=0,l=mi.length;j/Metadata 45 0 R/Pages 276 0 R/StructTreeRoot 56 0 R/Type/Catalog>> endobj 280 0 obj <>/MediaBox[0 0 612 792]/Parent 276 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 281 0 obj <>stream credit card 768.13(2)(b) and comparative negligence, 6. <>/Font<>>>/Fields 8 0 R >>>> endobj cannot reasonably be required to frame a responsive pleading, that party may "@H1u8z The Law is Reason Free from Passion. In instances in which changes have been made to adapt the standard instructions to the circumstances of the hypothetical case, the committee has italicized the instructions. See Fla.R.Civ.P. There is some dispute as to whether certain defenses are actually affirmative defenses, or just standard defenses. stating a crossclaim against that party must serve an answer to it within 20 (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. (b) of this rule, whether made in a pleading or by motion, and the motion for endobj Rule 1.140(b) requires that "the substantial matters of law intended to be argued shall be stated specifically and with particularity." Fla. R. Civ. Because of this condition, the defendant: Did not know what he or she was doing or its consequences; or. Consequently, a mere denial of the allegations in a complaint cannot form the basis of an affirmative defense. However, with the advent of special verdicts and bifurcation of issues, it is now common for cases to be submitted to the jury with a special verdict. 12(a), Rule 8 of the Rules of Civil Procedure plus the affirmative defenses stated in the second paragraph of Section 5 of Rule 6. See generally Willis v. Gami Golden Glades, LLC, 967 So. I'm a partner at the Riguera & Riguera Law Office and a Review Director and Senior Coach at the Jurists Bar Review Center. One of my greatest joys is to see my students pass the bar and become accomplished lawyers. (Section 12[c], Rule 8, Rules of Civil Procedure). Except for lack of subject-matter jurisdiction, res judicata, lis pendens, and prescription, an affirmative defense not pleaded in the answer is deemed waived. 312 0 obj <>stream For those litigating in federal courts, the rule is nothing new; in fact, Rule 1.510 of the Florida Rules of Civil Procedure adopts most of its federal counterpart verbatim. endstream endobj 420 0 obj <>/Metadata 32 0 R/Pages 29 0 R/StructTreeRoot 34 0 R/Type/Catalog/ViewerPreferences<>>> endobj 421 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 2/TrimBox[21.0 21.0 453.0 669.0]/Type/Page>> endobj 422 0 obj <> endobj 423 0 obj <> endobj 424 0 obj <> endobj 425 0 obj <> endobj 426 0 obj <> endobj 427 0 obj <> endobj 428 0 obj <> endobj 429 0 obj <> endobj 430 0 obj <> endobj 431 0 obj <>stream after the filing of the order or such other time as the court may fix, the subdivision (h)(2) of this rule. V9@&Thx!+@tVbMH(Nl[d20 c`8 P$k66?Gv,ykspd`:; H007E~o0 | Distinction between Group A and Group B affirmative defenses. 2d 541, 542 (Fla. 1st DCA 1983) (citation omitted). on the pleadings or at the trial on the merits in addition to being raised Illegality. THIRD AFFIRMATIVE DEFENSE This is a frivolous action under Section 57.105, Florida Statutes, and is based on Form 1.924 - AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY. moratorium 403 Products Liability Instructions contains all instructions outlined below. title companies Unenforceability under the statute of frauds. Form 1.933 - ACCOUNT STATED. 8 0 obj The grounds on which any of the enumerated defenses are based and the :g2}X{EZYb"}6v{rk!eZVb>VNHebspqO ms7D@dx$/st.~6Q_=DM$+|L&9y+$3F1BRS)z(Kp?> 8Dty0w %,qi9:UFo33, '40Qaz|)3lt'?=GH;W8iU8. as provided in subdivision (h)(2). 768.13(2)(b), 5(b). <<9F03061B6BCCCB44A48A70020AC9FACE>]/Prev 194967/XRefStm 1612>> & means test The reason is to curtail the defendants employment of dilatory tactics. 112.3187-31895);Rodriguez v. Casson-Mark Corp., 2008 WL 2949520 (M.D. My passion is to teach law and help law students achieve their utmost potential. On April 29, 2021, the Florida Supreme Court adopted a new summary judgment standard. Chapter 1 - Rules of Civil Procedure; updated January 19, 2023 Chapter 2 - Rules of General Practice and Judicial Administration; updated February 2, 2023 Chapter 3 - Rules of Criminal Procedure; updated January 1, 2023 (g) Consolidation of Defenses. homestead Whether the contribution claim is a cross-claim, a third party action or an independent claim, it should be submitted to the jury with a form of special verdict by which the jury determines the relative degrees of fault of the defendants and any third party (see, for example, Model Instruction No. Prescription. A motion making any of these defenses must be made before pleading if a further pleading is permitted. I'm a law practitioner with a passion for studying and teaching law. 415 South Olive Avenue West Palm Beach, FL. (2) The defenses of failure to state a cause of action or a legal vH,uLT]drV$3mI]?wBInY/aU3I.lS2 qEhjxK2:"pwU!spxHX-i?=37wND~. 2d 503, 504 (Fla. 4th DCA 2003) (affirmative defenses are waived if not pled); Goldberger v. Regency Highland Condo. A party who makes a motion under this rule may join with it the other motions herein provided for and then available to that party. Form 1.920 - NOTICE OF ACTION; CONSTRUCTIVE SERVICE - PROPERTY. attorney's fees In doing so, a defendant must identify the nonperformance or nonoccurrence of conditions precedent with specificity. (a) When Presented. Always refer to the standard instructions and forms provided in Parts I through VIII. hVmo6+~p""&bo s [2$M(QS-C7Ox|EFD"I$5" [:. 0000010997 00000 n There are a myriad of legally recognized affirmative defenses under Florida law. See, e.g., Cady 528 So. See Rule 1.190(h), Florida Rules of Civil Procedure. (b) How Presented. The Committee removed earlier published defamation instructions because portions of them were no longer accurate statements of law. Model form of verdict for bifurcated punitive damage cases, 3(b). He may also raise an affirmative defense of prescription, that is, assuming without admitting that he executed the promissory note, the same is barred by prescription since the suit was brought more than ten years after the note had become due and demandable. Section 500: Damages from the date of service within which to serve an answer to the complaint or Historically, a general verdict on compensatory damages was considered appropriate, and that is the only form of verdict provided in the Florida Rules of Civil Procedure. 2d 211, 212 (Fla. 3d DCA 1984). 0000005047 00000 n Affirmative defenses appearing on the face of a prior pleading may be asserted as grounds for a motion or defense under rule 12.140, provided this shall not limit amendments under rule 12.190 even if such grounds are sustained. On the other hand, as to the Group B affirmative defenses, the court may conduct a summary hearing within 15 days from the filing of the answer. Pankauski Lazarus PLLC represents clients throughout Florida, including the cities of West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Highland Beach, Riviera Beach, North Palm Beach, Abacoa, Wellington, Lake Worth, Palm Beach Gardens, Jupiter, Greenacres, Deerfield Beach, Pompano Beach and Fort Lauderdale, as well as other communities in Palm Beach County, Broward County and Miami Dade County. Failure to comply with a condition precedent. either in a motion under subdivision (b) or in the answer or reply. and "Bar Q&A Remedial Law (2022 ed. Form 1.932 - OPEN ACCOUNT. %PDF-1.5 % ; Williams v. City of Minneola, 575 So.2d 683 (Fla. 5th DCA 1991); M. M. v. M. P. S., 556 So.2d 1140 (Fla. 3d DCA 1989); Ford Motor Credit Co. v. Sheehan, 373 So.2d 956 (Fla. 1st DCA 1979); Restatement (2d) of Torts, 46. pleadings must be served within 10 days after service of the more definite statement endobj (1)Unless a different time is prescribed in a statute of Florida, a respondent must serve a response within 20 days after service of original process and the initial pleading on the respondent, or not later than the date fixed in a notice by publication. The following Model Jury Instructions are included to illustrate the use of Florida Standard Jury Instructions. 2d 17 (Fla. 1985); Zell v. Meek, 665 So. Affirmative defenses are not simple denials. landlord endobj The reason for the difference is that the resolution of the Group A affirmative defenses does not generally require a full-blown trial. judgment in subdivision (c) of this rule must be heard and determined before hbbd`b``3 A/` u See, e.g., JoJos Clubhouse, Inc. v. DBR Asset Mgmt., Inc., 860 So. after service of the answer or reply. The instructions in this section are based upon the Florida Civil Rights Act of 1992 (FCRA), which makes it unlawful for an employer to discriminate based upon race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. 0000001612 00000 n FAR/BAR Contract You have to decide: do you go for it, or punt and trust your defense? Well, understanding affirmative defenses is an often overlooked part of probate and trust litigation. This is an excellent case to learn about affirmative defenses. There is some dispute as to whether certain defenses are actually affirmative defenses, or just standard defenses. 0000008265 00000 n (1) Unless a different time is prescribed in a statute of 2d at 79798 (It is well established that if an affirmative defense is not pleaded, it is waived.). Statutes, the state of Florida, an agency of the state, or an officer or The new Section 12(b), Rule 8 of the Rules of Civil Procedure further provides that [f]ailure to raise the affirmative defenses at the earliest opportunity shall constitute a waiver thereof. Taken together with Section 1 of Rule 9, it is believed that an affirmative defense not set up in the original answer can no longer be raised in an amended answer if such defense was existing or available at the time of the filing of the original answer. property taxes 3d 1071, 1079 (Fla. 2014) (quotation omitted). & Loan Assoc., 318 So. 2d 6 (Fla. 1st DCA 2008). Cady v. Chevy Chase Sav. may move for judgment on the pleadings. In other words, the court cannot defer the resolution of a Group A affirmative defense to the trial proper since it is mandated to resolve such affirmative defense. Fraud. trailer 2d at 13738 (striking affirmative defenses where [a] careful analysis of each of the affirmative defenses reflects that they are, on the whole, conclusory in their content, and lacking in any real allegations of ultimate fact demonstrating a good defense to the complaint.); Gatt, 446 So. (Section 5, Rule 6, Rules of Civil Procedure). Affirmative Defenses In Florida May 24, 2017 According to Rule 1.110 (d) of the Florida Rules of Civil Procedure, the following affirmative defenses must be raised when pleading to a preceding pleading: accord and satisfaction arbitration and award assumption of risk contributory negligence discharge in bankruptcy duress estoppel determination must be deferred until the trial. Change), You are commenting using your Twitter account. 7 0 obj Champion v. Gray, 478 So. Respondents' Affirmative Defenses do not constitute an avoidance or affirmative defense under Rule 1.110, Rules of Civil Procedure. If a pleading to Moreover, affirmative defenses must be asserted in the answer otherwise they are waived. An affirmative defense to a criminal charge or a civil suit is a fact or group of facts that differ from those asserted by the prosecutor or plaintiff which, if successfully proven by the defendant, mitigates or entirely defeats the legal repercussions of the defendant's otherwise illegal actions. 448.101-105). See also, Bliss v. Carmona, 418 So. crossclaim or a reply to a counterclaim. Any other matter by way of confession and avoidance. (LogOut/ contracts (See Heirs of Cullado v. Gutierrez, 30 July 2019, e.b., Caguioa, J.). These substantive instructions should be followed by the applicable sections from Damages, Substantive Instructions General, and Closing Instructions (Before Final Argument). 0000001798 00000 n 0000009406 00000 n (e)Effect of Failure to Deny. All rights reserved. Chapter 7 ~ From the Rules Regulating The Florida Bar, Florida's Standards for Imposing Lawyer Sanctions, Entire Set of Civil Jury Instructions, Word, Entire Set of Civil Jury Instructions, PDF, Section 600: Substantive Instructions General, Appendix C Punitive Damage Instructions, Appendix E Emergency Medical Treatment Claims Instructions for Causes of Action Arising prior to September 15, 2003, The Theory and Technique of Charging a Jury with These Instructions, Original Introduction from Inaugural Committee, Orders of the Supreme Court Creating and Revising These Instructions, Members of the Committee Since Its Inception, 201.2 Introduction of Participants and Their Roles, 201.3 Explanation of the Voir Dire Process, 202.5 Jury to Be Guided by Official English Translation/Interpretation, 301.1 Deposition Testimony, Interrogatories, Stipulated Testimony, Stipulations, and Admissions, 301.2 Instruction when First Item of Documentary, Photographic, or Physical Evidence Is Admitted, 301.3 Instruction when Evidence Is First Published to Jurors, 301.4 Instruction Regarding Visual or Demonstrative Aids, 301.5 Evidence Admitted for a Limited Purpose, 301.6 Jury to Be Guided by Official English Translation Interpretation, 301.7 Jury to Be Guided by Official English Transcript of Recording in Foreign Language (Accuracy Not in Dispute), 301.8 Jury to Be Guided by Official English Translation/Interpretation Transcript of Recording in Foreign Language (Accuracy in Dispute), 301.11 Failure to Maintain Evidence or Keep a Record, 408 Tortious Interference with Business Relationships, 410 Outrageous Conduct Causing Severe Emotional Distress, 413 Claim for Personal Injury Protection (PIP) Benefits (Medical Benefits only), 414 Intentional Tort As an Exception to Exclusive Remedy of Workers Compensation, 418 Unlawful Retaliation Under Floridas Public Sector Whistle-Blower Act, 420 Negligent Infliction of Emotional Distress, 451 Fiduciary Duty (Shared with Contract and Business), 401.8 Violation of Non-Traffic Penal Statute as Negligence per Se, 401.9 Violation of Statute, Ordinance, or Regulation as Evidence of Negligence, 401.10 Equal and Reciprocal Rights of Motorists and Pedestrians, 401.14 Preliminary Issues Vicarious Liability, 401.15 Preliminary Issues Common Carrier, 401.16 Preliminary Issues Premises Liability, 401.17 Burden of Proof on Preliminary Issues, 401.18 Issues on Plaintiffs Claim General Negligence, 401.19 Issues on Plaintiffs Claim Common Carrier, 401.20 Issues on Plaintiffs Claim Premises Liability, 401.24 Counterclaims, Cross Claims, and Third Party Claims, 402.7 Legal Cause (Treatment Without Informed Consent), 402.9 Preliminary Issues Vicarious Liability, 402.10 Burden of Proof on Preliminary Issues, 402.12 Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation, 403.5 Implied Warranty of Merchantability, 403.6 Implied Warranty of Fitness for Particular Purpose, 403.11 Inference of Product Defect or Negligence, 403.14 Burden of Proof on Preliminary Issue, 403.16 Issues on Crashworthiness and Enhanced Injury Claims, 404.4 Insurers Bad Faith (Failure to Settle), 404.5 Medical Malpractice Insurers Bad Faith Failure to Settle, 404.9 Concluding Instruction when Court to Award Damages, 404.10 Damages (Cases with Claims for Mental Distress), 404.11 Burden of Proof on Mental Distress Claim, 406.6 Instituting or Continuing a Proceeding, 408.5 Issues on Plaintiffs Claim Interference with Contract not Terminable at Will, 408.6 Issues on Plaintiffs Claim Interference with Business Relations or with Contract Terminable at Will, 408.8 Affirmative Defense Financial Interest, 409.7 Issues on Plaintiffs Claim Fraudulent Misrepresentation, 409.8 Issues on Plaintiffs Claim Negligent Misrepresentation, 409.9 Issues on Plaintiffs Claim False Information Negligently Supplied for the Guidance of Others, 412.1 Contribution Sought by Cross-Claims Between Defendant Tortfeasors in Injured Partys Original Action, 412.2 Contribution Sought by Third Party Claim in Injured Partys Original Action, 412.3 Introduction for Independent Contribution Claim, 412.8 Issues on Claim and Burden of Proof, 415.4 Retaliation; Adverse Employment Action, 415.8 Preliminary Issue Adverse Employment Action, 415.9 Burden of Proof on Preliminary Issue, 415.13 Defense Issue on Damages (Mitigation-Discharge), 415.14 Reduction of Damages to Present Value, Standard Jury Instructions in Contracts and Business Cases, 417.4 Discrimination Disparate Treatment, 417.10 Affirmative Defense Failure to Mitigate Lost Wages, 417.11 Affirmative Defense After-Acquired Evidence, 417.12 Reduction of Damages to Present Value, 418.5 Preliminary Issue Adverse Employment Action, 418.6 Burden of Proof on Preliminary Issue, 418.12 Defense Issue Adverse Employment Action Based on Other Grounds, 418.14 Defense Issue on Damages (Mitigation Discharge), 418.15 Reduction of Damages to Present Value, 451.4 Existence of Fiduciary Duty Disputed, 451.8 Preliminary Issue Vicarious Liability, 451.9 Burden of Proof on Preliminary Issues, 451.14 Model Form of Verdict for Breach of Fiduciary Duty, 501.1 Personal Injury and Property Damages: Introduction, 501.2 Personal Injury and Property Damages: Elements, 501.4 Comparative Negligence, Non-Party Fault and Multiple Defendants, 501.5 Other Contributing Causes of Damages, 501.7 Reduction of Damages to Present Value, 502.1 Wrongful Death Damages: Introduction, 502.2 Wrongful Death Damages: Elements for Estate and Survivors, 502.3 Wrongful Death Damages of Estate and Survivors: Separate Awards for Estate and Survivors, 502.4 Wrongful Death Damages: Elements when There Are No Survivors, 502.5 Comparative Negligence, Non-Party Fault, and Multiple Defendants, 502.7 Reduction of Damages to Present Value, 503.1 Punitive Damages Bifurcated Procedure, 503.2 Punitive Damages Non-Bifurcated Procedure, 601.3 Jury to Be Guided by Official English Translation/Interpretation, 601.4 Multiple Claims, Numerous Parties, Consolidated Cases, 601.5 Concluding Instruction (Before Final Argument), 801.1 Juror Questions During Deliberations, 801.4 Instructions upon Discharge of Jury, Model form of verdict for general negligence with apportionment of fault, 2(a).