IN THE MATTER OF THE USE BY THE TRIAL COURTS OF THE STANDARD JURY INSTRUCTIONS (CIVIL CASES)
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The Florida Supreme Court approved revisions to standard civil jury instructions, including modifications to reflect comparative negligence doctrine and deletion of obsolete charges.
The Court approved recommended revisions to standard civil jury instructions for trial courts, including updates for comparative negligence and deletion of obsolete provisions.
[1] Standard civil jury instructions should be revised to reflect the doctrine of comparative negligence and to eliminate obsolete charges such as those relating to the guest…
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Join FLexlaw to unlock all legal intelligenceThe Supreme Court Committee on Standard Jury Instructions submitted a report recommending various revisions to the standard jury charge instructions u…
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PER CURIAM.
Upon consideration of the report of the Supreme Court Committee on Standard Jury Instructions, the following recommended revisions are hereby approved by the Court and the Committee and The Florida Bar are hereby authorized to publish and distribute such revisions:
1.2 To revise the committee’s recommendation concerning curative charges appropriate during the trial.
2.4 To revise the committees’ recommendation concerning the use of the charge on multiple claims, numerous parties or consolidated claims.
3.2e To delete a charge on the guest statute.
3.2, page’ 8 To delete a reference to “gross negligence” as previously used in application of the guest statute.
3.5 To recommend an integrated charge on claim and counterclaim in comparative negligence cases (pp. 1, la and lb) and to substitute a new title for conventional charges on claim or counterclaim (p. lc).
3.8 To recommend appropriate charges in respect to comparative negligence.
5.2 To delete a charge on last clear chance.
6.1, 6.2, 6.3, 6.4, 6.5, 6.6 To revise charges on damages in personal injury and property damage cases consistently with the doctrine of comparative negligence and to recommend appropriate instructions in wrongful death cases.
6.7, 618 To delete obsolete charges.
6.9 To revise the charge on mortality tables.
The Supreme Court Committee on Standard Jury Instructions is hereby continued for a further period for the purpose of reviewing errors and inaccuracies and recommending to the Court revisions that experience may prove beneficial.
CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, BOYD, McCAIN and DEICLE, JJ„ concur.
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Colonial Stores, Inc. v. Doyle Wayne Scarbrough, 355 So. 2d 1181 (Fla. 1977)…uval Jewelry Co. v. Smith, 102 Fla. 717, 136 So. 878 (1931); Tatum Brothers Real Estate & Investment Co. v. Watson, 92 Fla. 278, 109 So. 623 (1926). It is recognized that malice may be inferred from the absence of probable cause. Adams v. Whitfield, 290 So. 2d 49 (Fla.1974); Duval Jewelry Co. v. Smith, supra. However, malice is not legally synonymous with the absence of probable cause. White v. Miami Home Milk Producers Association, 143 Fla. 518, 197 So. 125 (1940). The inference of malice from the absence o…
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