In Re: Amendments to The Florida Rules Of JudicialAdministration, The Florida Rules Of Civil Procedure,And The Florida Rules Of Criminal Procedure—Standard
Jury Instructions, Case No. SC20-145 (Fla. 2020).
The Florida Supreme Court will no longer approve proposed jury instructions drafted by the three standard jury instruction committees, and instead, each committee shall approve instructions by 2/3 vote.Hock v. Triad Guaranty Insurance Corporation,Case No. 2D16-4008 (Fla. 2d DCA 2020).
A dissolved corporation may nonetheless file suit as part of the “winding up” its affairs; no conflict certified with National Judgment Recovery Agency,Inc. v. Harris, 826 So. 2d 1034 (Fla. 4th DCA 2002) (en banc), and Cygnet Homes, Inc.v. Kaleny Ltd. of Florida, Inc., 681 So. 2d 826 (Fla. 5th DCA 1996).Law v. Law,Case No. 3D18-1177 (Fla. 3d DCA 2020).
A claim for attorney’s fees based on an indemnification contract is different from and does not have to meet the requirements of a prevailing party attorney’s fees claim.P.D.K., Inc. McConnell, Case No. 4D18-3124 (Fla. 4th DCA 2020).
On rehearing, the Fourth District states a former shareholder is entitled to receive corporate records and re-affirms that oral modification of a corporate shareholder’s agreement requires the parties agree upon and accept the oral modification, that both parties or the party seeking to enforce the amendment perform consistent with the terms of the alleged oral modification, and that, due to plaintiff’s performance under the amended contract, defendant received and accepted a benefit that it otherwise was not entitled to under the original contract (i.e., there was independent consideration).Howard and Associates Attorneys at Law, P.ABWCI Pension Trustees Limited, Case No. 4D19-1791 (Fla. 4th DCA 2020).
The rules regulating the professional conduct of attorneys do not create substantive rights, thus Rule 5-1.1(f) does not require a law firm to hold disputed monies in trust for a money manager with which the law firm has a contract dispute.
