33401, 2023 by Pankauski Lazarus PLLC. 0000060863 00000 n A motion making any of these responses must be made before pleading if a further pleading is permitted. More Focus and Attention to Each Matter than the Small Firms. 112.3187-112.31895 (Floridas public-sector whistle-blower provisions). The court may, in the exercise of its discretion and if deemed necessary for its resolution, call a hearing on the motion. 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. 2d 541, 542 (Fla. 1st DCA 1983) (citation omitted). No copyright is claimed to the text of the Florida Rules of Civil Procedure. The motion must point out the defects complained of and the details desired. Payment (extinction of the claim or demand). & Loan, Inc., 528 So. 2d 664 (Fla. 4th DCA 2008) and ONeal v. Fla. A&M Univ., 989 So. 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. 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. 0000016581 00000 n defense or to join an indispensable party may be raised by motion for judgment 0000015289 00000 n I had the privilege of serving as a commissioner at the Legal Education Board. creditor 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. It also discusses waiver of defenses. If you are involved in a trust lawsuit or a contract or probate case, consider reading this. " \*TE!@'b(sUk8CTHN77~xj?! Affirmative Defenses. Section 500: Damages endstream endobj 279 0 obj <>/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 Ins. 0000018860 00000 n Tactical considerations will come into play in making the choice. Professional negligence claims are, for the most part, similar. Payment (extinction of the claim or demand). If there was an impact, the jury instructions given would be governed by the principles for the type of tort involved and the resulting damages. One may note that all these affirmative defenses were grounds of a motion to dismiss under Section 1, Rule 16 of the 1997 Rules of Civil Procedure. He is simply arguing that he has a good reason for having done so, and therefore should be excused from all criminal liability. affirmative defenses to breach of fiduciary duty florida. (c) Motion for Judgment on the Pleadings. A claim for contribution can be presented as a cross-claim in an injured partys case or as an independent action. 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. move for a more definite statement before interposing a responsive pleading. (e) Motion for More Definite Statement. Affirmative Defenses Under Florida Law "An affirmative defense is a defense which admits the cause of action [asserted in the plaintiff's complaint], but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability." litigation Prescription may be set up either in a motion to dismiss or as an affirmative defense in the answer. 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 6 0 obj (3) The service of a motion under this rule, except a motion property taxes The boundaries of this cause of action, the persons who may recover, and the relationships that form the basis of recovery will be established by the courts of this state on a case-by-case basis. See generally Willis v. Gami Golden Glades, LLC, 967 So. 2d 583, 585 (Fla. 4th DCA 1984) (noting that failure to plead an affirmative defense waives that defense); Wooten, 327 So. 2d DCA original process and the initial pleading on the defendant, or not later than court may strike redundant, immaterial, impertinent, or scandalous matter from 0000006469 00000 n 0000062657 00000 n For example, in Florida self-defense is an affirmative defense but in Ohio, it is not. V9@&Thx!+@tVbMH(Nl[d20 c`8 P$k66?Gv,ykspd`:; H007E~o0 | 0000063002 00000 n 2d 6 (Fla. 1st DCA 2008). If a pleading to 5 0 obj Remedy from the denial of an affirmative defense. There is some dispute as to whether certain defenses are actually affirmative defenses, or just standard defenses. DEFENSES. Change), You are commenting using your Twitter account. We think affirmative defenses Florida are so important that we gave a Florida Bar-approved continuing legal education seminar on this very topic. means test Failure to comply with a condition precedent. (e)Effect of Failure to Deny. They are a potent procedural weapon to defeat or diminish the plaintiffs claim or claims. 3 0 obj A motion making any of The 2022 Florida Statutes (including Special Session A) 775.027 Insanity defense.. 415 South Olive Avenue West Palm Beach, FL. In other words, certainty is required when pleading defenses, and pleading conclusions of law unsupported by allegations of ultimate fact is legally insufficient. Thompson v. Bank of N.Y., 862 So. 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). The boundaries of this tort, particularly when the claimant is a third party affected by conduct occurring between the defendant and another person, are not clearly defined. any pleading at any time. See also, Zito v. Wash. Fed. On the other hand, resolution of a Group B affirmative defense may require a full-blown trial in which case it would be better to defer its resolution to the trial proper. required, the reply must be served within 20 days after service of the answer. 292 0 obj <>/Filter/FlateDecode/ID[<6FD88EB78787F54A88254FACC3503EBC><1F7D9737ED55C64B8AD9B7176D8A72BA>]/Index[278 35]/Info 277 0 R/Length 68/Prev 278791/Root 279 0 R/Size 313/Type/XRef/W[1 2 1]>>stream The Committee will consider bringing forth a revised set of instructions in the future. 768.13(2)(b), 5(b). substantial matters of law intended to be argued must be stated specifically PARTIES 4. If a reply is required, the reply must be served within 20 days after service of the response. Chapter 7 on the pleadings or at the trial on the merits in addition to being raised 0000006114 00000 n No response or objection is waived by being joined with other responses or objections in a responsive pleading or motion. Self-defense,entrapment,insanity,necessity, andrespondeat superiorare some examples of affirmative defenses. debtor 7 0 obj (B) When sued pursuant to section 768.28, Florida Statutes, 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; responsive pleading or a more definite statement, the pleading or statement must be served within 10 days after the filing of the courts order unless a Form 1.920 - NOTICE OF ACTION; CONSTRUCTIVE SERVICE - PROPERTY. kNr267I5$A+ZI^f}>rXh1GGpgz\,Z_a7h;,~~3^T_[pi~=& (b) of this rule, whether made in a pleading or by motion, and the motion for endobj 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 Champion v. Gray, 478 So. 2d 211, 212 (Fla. 3d DCA 1984). 2d 768, 771 (Fla. 4th DCA 2003) (quotation omitted). this rule or, if the party has made no motion, in a responsive pleading except for relief in a pleading must be asserted in the responsive pleading, if one is from it any defenses or objections then available to that party that this rule 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. Answer and Affirmative Defenses in response to Plaintiff's Complaint for Foreclosure of Mortgage (the "Complaint") and states: . Florida Bar-approved continuing legal education. endstream endobj 282 0 obj <>stream 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. Affirmative defenses are not simple denials. 9. (2) (A) Except when sued pursuant to section 768.28, Florida Res judicata (bar by prior judgment). Model form of verdict for non-bifurcated punitive damage cases, 4. The essence of impact is that the outside force or substance, no matter how large or small, visible or invisible, and no matter that the effects are not immediately deleterious, touch or enter into the plaintiffs body. Id. employee of the state sued in an official capacity must serve an answer to the Moreover, affirmative defenses must be asserted in the answer otherwise they are waived. lakewood ranch Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . 2 If a pleading sets forth a claim for relief to account stated This case dealt with Affirmative Defenses Florida. 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. Except for prescription, extinction of the claim or demand, and unenforceability under the statute of frauds, these affirmative defenses were not grounds of a motion to dismiss under Rule 16 of the 1997 Rules of Civil Procedure. Under the 2020 Rules of Civil Procedure, affirmative defenses are grouped into two: For purposes of this note, I call them Group A affirmative defenses and Group B affirmative defenses. An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the claimants pleading, would nevertheless prevent or bar recovery by him. Form 1.932 - OPEN ACCOUNT. A party who makes a motion The clerk must complete the final disposition form for a party appearing pro se, or when the action is dismissed by court order for lack of prosecution under rule 12.420(d). Fla. July 28, 2008) (right to jury trial pursuant to the private-sector whistle-blowers provisions,F.S. 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. 278 0 obj <> endobj 0000004287 00000 n <> As to the right to trial by jury, see Fox v. City of Pompano Beach, 984 So. srq magazine the Department of Financial Services or the defendant state agency has 30 days 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. 1 Filing # 71045621 E-Filed 04/20/2018 04:55:11 PM RECEIVED, 04/20/2018 04:58:29 PM, Clerk, Supreme Court A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. :g2}X{EZYb"}6v{rk!eZVb>VNHebspqO ms7D@dx$/st.~6Q_=DM$+|L&9y+$3F1BRS)z(Kp?> 8Dty0w %,qi9:UFo33, '40Qaz|)3lt'?=GH;W8iU8. Click the icon above to call Gulisano Law now for a free consultation. Form 1.921 - NOTICE OF PRODUCTION FROM NONPARTY. sarasota Better Legal Talent and Quality Work than the Large Firms. tenant But you also need to know how to play defense. costs For example. 8. 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. coronavirus The instructions in this section are based uponF.S. (2) The service of a motion under this rule, except a motion for judgment on the pleadings or a motion to strike under subdivision (f), alters these periods of time so that if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleadings must be served within 10 days after notice of the courts action or, if the court grants a motion for a more definite statement, the responsive pleadings must be served within 10 days after service of the more definite statement unless a different time is fixed by the court in either case. 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. Think of them this way: even if the allegations or accusations in the complaint are true, you still win ! 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. & Loan Assoc., 318 So. Section 101: Oaths 0000003155 00000 n The denial of an affirmative defense means that the case shall proceed to trial. (Section 6, Rule 15 of the Rules of Civil Procedure). 2d 503, 504 (Fla. 4th DCA 2003) (affirmative defenses are waived if not pled); Goldberger v. Regency Highland Condo. 6). 0000001179 00000 n "d 8Rx Dh9 w]F ,a8K^ZW#WeZ2J(3J]XP7.Q-aqwdB*E:ty(U?wW9dPd@vtvtyF)$Nec*`v>. W#qGt^`?=!g1 %Cg` G] 0000020160 00000 n 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. 0000010997 00000 n The grant of an affirmative defense means that the complaint will be dismissed. 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. Illegality. [2] Note that a motion to hear affirmative defenses is a prohibited motion. 2d 642, 645 (Fla. 1972) (trial court properly struck affirmative defense which alleged only conclusions of law without supporting ultimate facts). 4. These substantive instructions should be followed by the applicable sections from Damages, Substantive Instructions General, and Closing Instructions (Before Final Argument). startxref Model form of verdict for bifurcated punitive damage cases, 3(b). 2d 136, 13738 (Fla. 4th DCA 1988). An affirmative defense is a defense which admits the cause of action [asserted in the plaintiffs complaint], but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability. State Farm Mut. 3d 1071, 1079 (Fla. 2014) (quoting St. Paul Mercury Ins. 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 Model form of verdict for personal injury damages, 2(b). Respondents' Affirmative Defenses do not constitute an avoidance or affirmative defense under Rule 1.110, Rules of Civil Procedure. (LogOut/ On August 25, 2021, Floridas 4th District Court of Appeal issued its opinion in the case of Waterfall Victoria Grantor Trust II, Series G. v. McDonald. If a professional malpractice case involves a claim of product defect, jury instructions for such claims should be adopted from the applicable sections of this book. (g) Consolidation of Defenses. If a reply is 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. court may strike the pleading to which the motion was directed or make such After the pleadings are closed, but within such time as not to delay the trial, any party may move for judgment on the pleadings. )", both published by Central Books. See, e.g., Cady 528 So. See Fla.R.Civ.P. (2) The defenses of failure to state a cause of action or a legal 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. Copyright 2022.All Rights Reserved. property appraiser endobj <<9F03061B6BCCCB44A48A70020AC9FACE>]/Prev 194967/XRefStm 1612>> (1) AFFIRMATIVE DEFENSE. party does not present either by motion under subdivisions (b), (e), or (f) of Old Republic The reason for the difference is that the resolution of the Group A affirmative defenses does not generally require a full-blown trial. endobj 6. jurisdiction over the person, (3) improper venue, (4) insufficiency of process, Purported affirmative defenses that do not satisfy this test are properly stricken. 0000006876 00000 n 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 also, Wooten v. Collins, 327 So. (LogOut/ 2d at 212 (The matters raised by Gatts affirmative defense simply denied the facts contained in the brokers complaint and did not raise any new matters to defeat the complaint. However, the affirmative defense known as laches was the topic of a prior article. Section 200: Preliminary Instructions Any ground not 2d 6 (Fla. 1st DCA 2008) (right to jury trial pursuant to the Whistle-blower Act,F.S. Co. v. Curran, 135 So. SECOND AFFIRMATIVE DEFENSE The Association failed to properly serve the Complaint on Ms. Durrett in violation of the Florida Rules of Civil Procedure. (5) insufficiency of service of process, (6) failure to state a cause of pleadings are closed, but within such time as not to delay the trial, any party All rights reserved. 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. homestead exemption 0000022033 00000 n 6. See Fla.R.Civ.P. Defenses may either be negative or affirmative. 2d 795, 797 (Fla. 3d DCA 1976) (citation omitted) ([A]ffirmative defenses are pleas of confession and avoidance. Aristotle. endobj Therefore, like a complaint, an affirmative defense is required to allege ultimate facts establishing the defendants entitlement to relief under the legal principle involved, and an affirmative defense which alleges only legal conclusions is insufficient. Section 700: Closing Instructions hil~80S?t1\[l=s?]^dpN*HsM7.~8_i.amnv}i%l){wy?_R7~`L;v:5mpQ# Cs_xj7TGz9EMU}Z;;=X8-Kr ^W`Gv`O yC>}8qC'd+YW\nK!c.\{Sy>xyyyyyyyyy 3 Waterfall Victoria Grantor Trust II, Series G. v. McDonald. I'm a law practitioner with a passion for studying and teaching law. 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. P. 1.140(b). Co. v. Coucher, 837 So. determination must be deferred until the trial. (e) Effect of Failure to Deny. The matters raised by Respondents' Affirmative Defenses do not defeat The Florida Bar's claim. adverse party may assert any defense in law or fact to that claim for relief at moratorium Unenforceability under the statute of frauds. 0000007602 00000 n available to that party. The instructions in this section are based upon F.S. If the dismissal is on the ground of prescription, unenforceability under the statute of frauds, res judicata, or extinction of the claim or demand (PURE), then such dismissal is with prejudice. Defendant is a consumer borrower residing in Jacksonville, Duval County, . these defenses must be made before pleading if a further pleading is permitted. The committee has therefore drafted the following special verdict forms. The Group B affirmative defenses are those mentioned in Section 5 (b), Rule 6 of the Rules of Civil Procedure. after service of the answer or reply. Auto. 4q)F0 o 10. Model form of verdict for personal injury protection insurance benefits (PIP) (medical benefits only). 10/01/2011 Florida Rules of Civil Procedure Page 19 of 160 res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. endobj The motion must point out the defects complained of and the details desired. 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 In fact, under Rule . Nevertheless, the most common affirmative defenses are listed in Florida Rule of Civil Procedure 1.110. 2d 175, 176 (Fla. 3d DCA 1975) ([T]hat portion of the affirmative defense alleging that the note was not in default does not constitute an affirmative defense, but is merely a denial.). See also, Bliss v. Carmona, 418 So. Under the Florida Rules of Civil Procedure, a party is not required to reply to the opposing party's affirmative defenses merely to deny them. 9 0 obj They raise some new matter which defeats an otherwise apparently valid claim. Wiggins v. Portmay Corp., 430 So. My passion is to teach law and help law students achieve their utmost potential. (a) When Presented. unless a different time is fixed by the court in either case. ',-[/EH*|%Zzm;NV)*));D )oW7ss)6_r6_D0x.6mU?E..RMkv <> endstream endobj 432 0 obj <> endobj 433 0 obj <>stream <> A discussion of each is beyond the scope of this article. as provided in subdivision (h)(2). 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). srq b))dY2rxKeJV&u\Y')bJvI#re v\Mg lrUAMJ;U When you receive a copy of the complaint, you have, You can read more about timetables and how a case proceeds by reading the, Check out Florida Rule of Civil Procedure 1.140. 768.13(2)(b) and comparative negligence, 6. The Group B affirmative defenses are those mentioned in Section 5(b), Rule 6 of the Rules of Civil Procedure. xn0. contracts Rule 1.140 - DEFENSES (a) When Presented. The remedy of the plaintiff then is to file the appropriate special civil action under Rule 65. Now, lets talk a bit about this subject, and a recent case. If a party makes a motion under this rule but omits 0000012536 00000 n Defendant is an individual seeking statutory and actual damages. The Group A affirmative defenses shall be motu proprio resolved by the court within 30 days from the filing of the answer. Change). 3. pleadings must be served within 10 days after service of the more definite statement Cady v. Chevy Chase Sav. (e)Effect of Failure to Deny. title companies 0000027068 00000 n It is opined that this prohibition should be removed. Id. (2) The responses of failure to state a cause of action or a legal defense or to join an indispensable party may be raised by motion for judgment on the pleadings or at the trial on the merits in addition to being raised either in a motion under subdivision (b) or in the answer or reply. 0000016978 00000 n The tort of negligent infliction of emotional distress is recognized in Florida. A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time. Failure to properly raise affirmative defenses means that you waive those defenses. 0000005570 00000 n The committee has, therefore, included all such claims in a single section. endobj An affirmative defense is a justification for the defendant having committed the accused crime. 768.13(2)(b); no issue as to comparative negligence, 5(c). No defense or forth in the Florida Rules of Civil Procedure.9 Company B added the necessary material called for in the note to the form, i.e., the date of the release (which the form presumes is a written release), attaching and incorporating same to the defenses consistent with Rule 1.130(a), Florida Rules of Civil Procedure. 0000005132 00000 n ~ 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).