In Re: Standard Jury Instructions in Civil Cases—ReportNo. 17-04, Case No. SC17-1136 (Fla. 2017).
The Florida Supreme Court adopts civil jury instructions on various issues including the burden of proof.Asset Recovery Group, LLC v. Cabrera, Case No. 3D17-1517 (Fla. 3d DCA 2017).
A party, in both state and federal courts, must seek leave of the court that appointed a receiver before it can sue the receiver. The “carrying on business” exception of 28 U.S.C. § 959(a) does not apply against receivers appointed by state courts.Capotosto v. Fifth Third Bank, Case No. 4D16-4197 (Fla. 4th DCA 2017).
A party moving for summary judgment has the burden to conclusively shoe the complete absence of any genuine issue of material fact, however and once movant has done so, the burden shifts to the non-movant to raise an issue of genuine fact and a non-movant cannot avoid summary judgment merely by asserting a fact without any evidence to support it.
