IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES and Standard Jury Instructions in Contract and Business Cases—Joint Report No. 18-01. (2018)

The Supreme Court Committee on Standard Jury Instructions in Civil Cases and the Supreme Court Committee on Standard Jury Instructions in Contract and Business Cases (Committees) have submitted proposed new standard jury instructions and ask that the Court authorize the standard instructions for publication and use. We have jurisdiction. See art. V, 2(a), Fla. Const.

The Committees propose the following new instructions pertaining to Fiduciary Duty under section 451 of the respective standard jury instructions in civil cases and in contract and business cases: 451.1 (Introduction); 451.2 (Summary of Claims or Contentions); 451.3 (Greater Weight of the Evidence); 451.4 (Existence of Fiduciary Duty Disputed); 451.5 (Breach of Fiduciary Duty); 451.6 (Legal Cause); 451.7 (Preemptive Charges); 451.8 (Preliminary Issue - Vicarious Liability); 451.9 (Burden of Proof on Preliminary Issues); 451.10 (Issues on Main Claim); 451.11 (Burden of Proof on Main Claim); 451.12 (Defense Issues); and 451.13 (Burden of Proof on Defense Issues). The full set of numbered instructions was published in the January 1, 2018, issue of The Florida Bar News. No comments were received.

Having considered the Committees' joint report, the new jury instructions, as set forth in the appendix to this opinion, are hereby authorized for publication and use. New language is indicated by underlining. In authorizing the publication and use of these instructions, we express no opinion on their correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the instructions. We further caution all interested parties that any Notes on Use or Sources and Authorities associated with the instructions reflect only the opinion of the respective Committees and are not necessarily indicative of the views of this Court as to their correctness or applicability. The instructions as set forth in the appendix shall be effective when this opinion becomes final.

APPENDIX

PER CURIAM.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and LAWSON, JJ., concur.