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SUPREME COURT COMMITTEE on STANDARD JURY INSTRUCTIONS — CONTRACT and BUSINESS CASES Meeting Agenda

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SUPREME COURT COMMITTEE on STANDARD JURY INSTRUCTIONS — CONTRACT and BUSINESS CASES Meeting Agenda SUPREME COURT COMMITTEE ON STANDARD JURY INSTRUCTIONS — CONTRACT AND BUSINESS CASES Meeting Agenda Thursday, November 8, 2018, 1:30 pm–5:30 pm Friday, November 9, 2018, 9:00 am–12:00 pm Orange County Courthouse 23rd Floor Conference Room 425 N. Orange Avenue, Orlando The call-in number is 1-888-376-5050 Conference code: 965 874 1256# 1. Welcome and Introductions 2. Approval of May 2018 Minutes ................................................................ p. 3 3. SJI Civil and SJI Contract and Business Joint Report on Fiduciary Duty Status: Petition filed on 10/08/2018. Case number SC18-1672. Case submitted without oral argument on 10/18/2018. Awaiting Court’s opinion 4. SJI Contract and Business Filing of Various Instructions and Verdict Forms Status: Petition filed on 10/08/2018. Case number SC18-867. Case submitted without oral argument on 08/23/2018. Awaiting Court’s opinion Late comment and Liaison Response: ......................................................... p. 5 Verdict Form 416.4 ...................................................................................... p. 8 5. Old Business Email from Liaison regarding Verdict Forms ............................................ p.10 416.27 (Model Form of Verdict For Affirmative Defense—Undue Influence) .......................................................................................................... p.11 416.28 (Model Form of Verdict For Affirmative Defense—Fraud) ......... p.13 416.30 (Model Form of Verdict For Affirmative Defense—Waiver) ..... p. 16 416.31 (Model Form of Verdict For Affirmative Defense—Novation) ... p.18 504.1 (Model Form of Verdict For Introduction To Contract Damages in Contract Claim) ............................................................................... p. 19 Status: Approved in November 2017. Need to be published for Comment 504.2 (Model Form of Verdict For Breach of Contract Damages in Contract Claim) ............................................................................................. p. 20 SJI CB November 2018 Page 1 Status: Approved in November 2017. Need to be published for Comment 504.3 (Lost Profits) ................................................................................... p. 21 Status: Approved in November 2017. Need to be published for Comment 504.4 (Model Form of Verdict For Verdict For Damages For Complete Destruction to Business in Contract Claim) .................................... p. 22 Status: Approved in November 2017. Need to be published for Comment 504.6 (Model Form of Verdict For Verdict For Obligation to Only Pay Money in Contract Claim) ................................................................ p.23 Status: Approved in November 2017. Need to be published for Comment 504.7 (Model Form of Verdict For Buyer’s Damages for Breach of Contract For Sale of Real Property) ............................................................... p. 24 Status: Approved in November 2017. Need to be published for Comment 504.8 (Model Form of Verdict For Seller’s Damages for Breach of Contract To Purchase Real Property) ............................................................. p. 26 Status: Approved in November 2017. Need to be published for Comment 504.9 (Form of Verdict For Seller’s Damages for Breach of Contract To Purchase Real Property) .................................................................. p. 28 Status: Approved in February 2018. Need to be published for Comment 504.10 (Model Form of Verdict For Present Cash Value of Future Damages in Contract Claim) ........................................................................... p. 30 Status: Approved in November 2017. Need to be published for Comment 504.11 (Model Form of Verdict For Nominal Damages in Contract Claim) .......................................................................................................... p.31 Status: Approved in November 2017. Need to be published for Comment Brain Storming on Future Instructions and Verdict Forms 6. New Business DePrince v. Starboard ................................................................................. p.32 Delisle v. Crane .......................................................................................... p.54 (For Friday Morning) Discussion on Need for Employment Instructions 7. Upcoming Meeting Discussion 8. Adjournment SJI CB November 2018 Page 2 SUPREME COURT COMMITTEE ON STANDARD JURY INSTRUCTIONS FOR CONTRACT AND BUSINESS CASES Minutes for Committee meeting held on May 21, 2018 Telephonic meeting Members Present Members Excused Honorable Paul Huey Richard Benrubi Ronnie Bitman Jeffrey Cohen Ronald Gache Jerry Gerwirtz Lee Haas Eric Lee Mark Nation Mark Osherow Stephen Padula Adina Pollan Scott Rost Martin Sipple Donna Soloman Joshua Spector Teresa Verges Steele Williams Krys Godwin, Bar Liaison Mikalla Davis, Bar Liaison Members Absent Mark Boyle R. Lee Barrett Manuel Farach Honorable Lisa Munyon Welcome/Introductions/Old Business • The meeting was called to order at 1:35 pm. 1 SJI CB November 2018 Page 3 • Krys Godwin announced that the meeting was going to proceed in a different order than the agenda. The Committee will first discuss the fiduciary duty verdict form and then discuss committee membership applications. • Godwin reported that she is working on the report and expects it will be filed this week or next week. If the Court publishes for comments, and comments are received, the Committee may have to call another conference call to discuss the comments. Approval of February 2018 minutes • The Committee unanimously approved the February 2018 minutes. Update on fiduciary duty instruction/jury verdict form • Chair Huey reported that the joint subcommittee has had two meetings with and reached an agreement on the verdict form. The form is in the agenda. • Haas reported that the subcommittee pared down verdict form to be more in line with SJI Civil Committee’s form. The only item preserved from this Committee’s verdict form was question 1 – whether fiduciary duty was owed. The Note on Use says only use that if there is a dispute on that issue. The joint subcommittee approved the verdict form. SJI Civil has a meeting in July and will vote on the form at that meeting. • Chair Huey moved to approve verdict form; the motion was seconded. The verdict form approved unanimously. Committee Applications The Committee discussed membership applications and voted on a list of applicants to recommend for membership to the Florida Supreme. Upcoming Meeting The next Committee meeting is tentatively scheduled for November 8-9, 2018 in Orlando. Adjournment The meeting was adjourned. 2 SJI CB November 2018 Page 4 From: Davis, Mikalla To: Huey, Paul ; "Boyle, Mark" Subject: FW: Model Form Verdict for Breach of Contract 416.4 Date: Monday, September 24, 2018 4:05:00 PM Attachments: 2018-867_petition_69991_petition2damendment20to20rules2028sji2dcontract202620business29.pdf Good Afternoon: Below is a message from member Altenbernd, who was presented with concern (by Ms. Coleman)about a “typo” in the Notes on Use for Verdict Form 416.4. Ms. Coleman states that the Notes on Use 2 should say “Question 2 should only be used if the court finds that issue of condition precedent has been adequately raised” as imposed to “Question 3 should only be used if the court finds the issue of condition precedent has been adequately raised.” I, personally believe, Altenbernd and Ms. Coleman are right. Next steps: 1. We need to assign this to someone to confirm whether she is correct. This can be you or a group of people of the Committee. Perhaps the original creator of this verdict form? This needs to be done as soon as possible. 2. Assuming she is correct, then we have two options to address: a. File a motion for correction with the court now. b. After the opinion is released file a notice of correction within 15 days of the release of the opinion. I would suggest filing the notice of correction after the opinion is released but I would leave it to your discretion. If we file a motion now, all the Supreme Court Justices would have to review and could slow down the release of the opinion for a “minor issue.” However, if we do a notice it will be corrected by the clerk of court more quickly. Also, since this is such a large packet: 3. We should assign a few people to be ready to review the opinion for typos or errors as soon as it is released (as we only have 15 days to point out these changes needed). I would recommend we go ahead and assign 2-3 people to be ready the moment the opinion is released. Even if we go ahead a file a motion to correct instead of waiting for opinion release, we still should have a team ready to analyze the opinion for errors or omissions. Thank you, Mikalla Davis Attorney Liaison—Rules The Florida Bar 850-561-5663 SJI CB November 2018 Page 5 [email protected] From: Chris Altenbernd <[email protected]> Sent: Monday, September 24, 2018 10:45 AM To: Davis, Mikalla <[email protected]> Subject: FW: Model Form Verdict for Breach of Contract 416.4 I received this email on Saturday. I have not studied it hard, but it looks like Beth may be correct. Since I’m new I am hoping you can forward this to the group most involved on this pending matter. Thanks. From: Beth Coleman [mailto:[email protected]] Sent: Saturday, September 22, 2018 5:07 PM To: Chris Altenbernd <[email protected]> Subject: Model Form Verdict for Breach of Contract 416.4 Hi Judge, I hope all is well. I am working on a case in which I was going to use the proposed model
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