Narrative Opinion Summary
The case concerns a proposal by the Supreme Court Committee on Standard Jury Instructions (Civil) to revise the Florida Standard Jury Instructions, particularly concerning the use of preemptive charges in negligence cases. The revision aims to clarify that preemptive charge 3.1a should be employed only when the reasonable care standard is a contested issue in the trial; otherwise, it is deemed unnecessary and potentially misleading. This move seeks to prevent the misuse of jury instructions on nonissues, which has been observed as a departure from the original instructional guidelines set forth in 1967. The proposal also involves the removal of an outdated comment related to charge 3.1c, which has become obsolete due to legislative amendments in 1979. The Supreme Court concurs with the committee’s rationale and approves the amendment, emphasizing that the change does not impact existing judicial decisions that have permitted the routine use of the preemptive charge 3.1a. The decision is supported by Acting Chief Justice Adkins and Justices Overton, McDonald, Ehrlich, Shaw, and Barkett.
Legal Issues Addressed
Judicial Approval of Instructional Clarificationssubscribe to see similar legal issues
Application: The Court approved the amended note to prevent jury instruction on nonissues, which aligns with previous guidelines.
Reasoning: The Court agrees with this rationale and approves the amended note, while also noting that this decision does not alter any existing trial or appellate court decisions.
Obsolescence of Previous Commentarysubscribe to see similar legal issues
Application: The deletion of the existing comment on 3.1c is necessary due to its obsolescence following amendments made in June 1979.
Reasoning: Additionally, the existing comment on 3.1c will be deleted due to its obsolescence following amendments made in June 1979.
Revision of Standard Jury Instructionssubscribe to see similar legal issues
Application: The Supreme Court Committee on Standard Jury Instructions proposed a revision to clarify the use of preemptive charges in negligence cases, specifically when the reasonable care standard is at issue.
Reasoning: The Supreme Court Committee on Standard Jury Instructions (Civil) has proposed a revision to the Florida Standard Jury Instructions.
Use of Preemptive Charges in Negligence Trialssubscribe to see similar legal issues
Application: Preemptive charge 3.1a should only be used when the reasonable care standard is contested during the trial, to avoid argumentative instructions on nonissues.
Reasoning: The new note clarifies that the preemptive charge 3.1a should only be applied when the reasonable care standard is contested during the trial; otherwise, it is considered argumentative and unnecessary.