Motion for Stipulated Judgment in Jorge Baro Suarez, et al Plaintiff vs. Citizens Property Insurance Corporation Defendant| Trellis.Law

On April 09, 2021 a Proposed Jury Instructions was filed involving a dispute between Baro, Christie, Baro, Zachary, Suarez, Jorge Baro, and Citizens Property Insurance Corporation, for 3 in the District Court of Broward County.

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Filing# 180010987 E-Filed 08/18/2023 03:18:03 PM

INTHE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE 21-007300 (21)

JORGE BARO SUAREZ, CHRISTIE BARO,
and ZACHARY BARO,

Plaintiffs,

CITIZENS PROPERTY INSURANCE
CORPORATION, a Florida governmental
entity,

Defendant.
i

CITIZENS' NOTICE OF FILING
REQUESTED JURY INSTRUCTIONS AND VERDICT FORM

Defendant, CITIZENS PROPERTY INSURANCE CORPORATION ("Citizens'
pursuant to Florida Rule of Civil Procedure 1.470, submits the following requested jury
instructions and verdict form, and respectfullyrequests the Court charge the jury with these
to

instructions,as well as any additional instructions that become necessary as evidence is presented,

and furnish the jury with the requestedverdict form. All instructions that are part of the Florida
Standard Jury Instruction Forms are identified as such.

By submittingthese instructions,Citizens does not waive objectionsthat have been, or will
be made, known to the Court regarding any specificclaims or evidence presentedby Plaintiffs at
and reserves the rightto modify or supplement these instructions before the jury is charged
trial,
to be consistent with the Court's rulingsand the evidence at trial.

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/18/2023 03:18:03 PM.****
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served on August
18, 2023 to counsel of record via the Florida Electronic FilingPortal.

VERNIS & BOWLING OF BROWARD, P.A.

AttorneysMDefendant, Citizens Property

Insurance Corporation
5821 Hollywood Boulevard
Hollywood, FL 33021
Tel: (954) 927-533
Fax: (954) 927-5320

Primary Email: PFouts@florida-law.com
Secondary Email: AYost@Florida-law.com

By-. /s/ Paulette R. Fonts, Esq.
PAULETTE R. FOUTS, ESQ.
Florida Bar No: 0078697
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 1

ofthe Case -
(Description Prior to Voir Dire)

Welcome. The now administer your oath. Now that you have been sworn, I'd
clerk will

like to give you an idea about what we are here to do. This is a civil trial. A civil trial is different
from a criminal case, where a defendant is charged by the state prosecutor with committing a
crime. The subjectof a civil trial is a disagreementbetween people or companies,where the claims
of one or more of these partieshave been brought to court to be resolved. It is called "a trial of a

lawsuit.'

This is a breach of contract case brought Jorge Suarez Baro,
by Plaintiffs, Christie Baro,
and Zachary Baro, under a homeowner's insurance policyissued by Defendant, Citizens Property
Insurance Corporation. Plaintiffs' positionis that the roof and interior of their garage located at
251 SW 62nd Terrace, Plantation,Florida 33317 was damaged wind and rain on or about July 2,
2020, and that the damage covered under their insurance policywith Citizens. Citizens position
is

is that the roof and interior damages were not due to wind and that the reporteddamage was not

covered pursuant to the terms, conditions and exclusions of the policy.

The principalwitnesses who will testify
in this case are Jorge Suarez Baro, Christie Baro,

and Zachary Baro, Lora Miller-White, Santo L. Biddix, Dan Crockett, Sean Baumgartner, and
John Ellis.

GIVEN
REFUSED
MODIFIED
WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 2
and their
of Participants
(Introduction Roles - After Voir Dire)

Who are the people here and what do they do?

Judge/Court:I am the Judge.You may hear people occasionally refer to me as "The Court.'

That is the formal name for my role. My job is to maintain order and decide how to apply the rules
of the law to the trial. I will also explainvarious rules to you that you will need to know in order

to do your job as the jury.It is my job to remain neutral on the issues ofthis lawsuit.

Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued is called the
Defendant.

Attorneys.The attorneys have the job of representing their clients. That means they speak

for their client here at the trial.
They have taken oaths as attorneys to do their best and to follow

the rules for their profession.

Plaintiffs Counsel. The attorneys on this side of the courtroom, Samuel Josiah Cili and
Karina Rios, represent Jorge Suarez Baro, Christie Baro, and Zachary Baro, and are the persons
who filed the lawsuit here at the courthouse. Their job is to present their client's side of thingsto
you. They and their client will be referred to most ofthe time as "the Plaintiff." Mr. Cili,will you
pleaseintroduce who is sitting
at the table with you?

Defendant's Counsel. The attorneys on this side of the courtroom, Carl Bober and Paulette

Fouts, represent Citizens Property Insurance Corporation,the one who has been sued. Their job is

to present their client's side of thingsto you. They and their client willusuallybe referred to here
as "the Defendant." Mr. Bober, will you pleaseintroduce who is at the table with you?
sitting

Court Clerk This person sitting
in front ofme, (name),is the court clerk. [He] [She] is here

to assist me with some ofthe mechanics ofthe trial process, includingthe numbering and collection

o f the exhibits that are introduced in the course o f the trial.

Court Reporter: The person sittingat the stenographic machine, (name), is the court

reporter. [Hisl [Her] job is to keep an accurate legalrecord of everythingwe say and do during
this trial.

The person over there,(name), is the bailiff. [His] [Her] job is to maintain order
Bailiff.

and securityin the courtroom. The bailiff is also my representative
to the jury.Anything you need

or any problems that come up you during the course of the trial should be brought to [him]
for

[her].However, the bailiff cannot answer any ofyour questionsabout the case. Only I can do that.
Jury Last, but not least,is the jury,which we will begin to select in a few moments from
among all ofyou. Thejury'sjob will be to decide what the facts are and what the facts mean. Jurors
should be as neutral as possibleat this point and have no fixed opinion about the lawsuit.

there are rules that all jurorsmust follow.
In order to have a fair and lawful trial, A basic
rule is that jurorsmust decide the caseonly on the evidence presentedin the courtroom. You must
not communicate with anyone, includingfriends and family members, about this case, the people
and placesinvolved, or your jury service. You must not disclose your thoughts about this case or
ask for advice on how to decide this case.

I want to stress that this rule means you must not use electronic devices or computers to

communicate about this includingtweeting,texting,
case, blogging,e-mailing, postinginformation
on a website or chat room, or any other means at all. Do not send or accept any messages to or
from anyone about this case or your jury service.

You must not do any research or look up words, names, [mapsl, or anything else that may
have anything to do with this case. This includes reading newspapers, watching television or using
a computer, cell phone, the Internet, any electronic device, or any other means at all,to get
information related to this case or the people and placesinvolved in this case. This applieswhether

you are in the courthouse, at home, or anywhere else. Many of you may have cell phones, tablets,
laptopsor other electronic devices with you here in the courtroom.

All cell phones, computers, tablets or other types of electronic devices must be turned off
while you are in the courtroom. Turned off means that the phone or other electronic device is

actuallyoff and not in a silent or vibratingmode. You may use these devices during recesses, but
even then, you may not use your cell phone or electronic device to find out any information about
the case or communicate with anyone about the case or the people involved in the case. Do not
take photographs,video recordingsor audio recordingsofthe proceedingsor ofyour fellow jurors.
After each recess, pleasedouble check to make phone or electronic device is turned
sure your cell
off. At the end of the case, while you are you must not communicate with anyone
deliberating,
outside the jury room. You cannot have in the jury room any cell phones, computers, or other
electronic devices. If someone needs to contact you in an emergency, the court can receive

messages and deliver them to you without delay. A contact phone number will be provided to you.

What are the reasons for these rules? These rules are imposed because jurorsmust decide
the case without distraction and only on the evidence presented in the courtroom. If you
research,or
investigate, make inquirieson your own outside of the courtroom, the trial judge has
no way to make sure that the information you obtain is proper for the case. The partieslikewise
have no opportunityto disputeor challengethe accuracy of what you find. That is contrary to our
judicialsystem, which assures every party the rightto ask questions about and challenge the
evidence being considered againstit and to present argument with respect to that evidence. Any
by a jurorunfairlyand improperlyprevents the partiesfrom having that
independentinvestigation
opportunityour judicialsystem promises.

Anyjuror who violates these restrictions jeopardizesthe fairness ofthese proceedings,and
a mistrial could result that would requirethe entire trial process to start over. A mistrial is a
tremendous expense and inconvenience to the parties, the court, and the taxpayers. If you violate

these rules,you may be held in contempt of court, and face sanctions,such as servingtime in jail,

paying a fine or both.

All ofyour communications with courtroom personnel,or me, will be part ofthe record of
these proceedings. That means those communications be made in open court with the
shall either

the writingwill be filed with the court clerk. I have
court reporter present or, if they are in writing,
instructed the courtroom personnelthat any communications you have with them outside of my

presence must be reportedto me, and I parties[and their attorneys]about any
will tell the

communication from you that I believe may be of interest to the parties[and their attorneys].

However, you may communicate directlywith courtroom personnel about matters
concerning your comfort and safety,such as [jurorparkingl [locationof break areasl [how and
when to assemble for duty] [dress][what personalitems can be brought into the courthouse orjury
room] [listany other types o f routine ex parte communications permitted].

If you become aware of any violation of these instructions or any other instruction I give
in this case, you must tell me by giving a note to the bailiff.

GIVEN
REFUSED
MODIFIED
WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 3

(Explanation o f the Voir Dire Process)

Voir Dire: The thing I want to do, before
last we begin to select the jury,is to explain to
you how the selection process works.

This
Questions/Challenges: is the part ofthe case where the partiesand their lawyers have
the opportunityto get to know a little bit about you, in order to help them come to their own
to be
conclusions about your ability fair and impartial,
so they can decide who they think should
be the jurorsin this case.

How we go about that is as follows: First,I'll ask some generalquestionsof you. Then,
each of the lawyers will have more specificquestionsthat they will ask of you. After they have
asked all of their questions,I will meet with them and they will tell me their choices for jurors.

Each side can ask that I exclude a person from servingon a jury if they can give me a reason to
believe that he or she might be unable to be fair and impartial.
That is what is called a challenge
for cause. The lawyers also have a certain number of what are called peremptory challenges,by

which they may exclude a person from the jury without giving a reason. By this process of
elimination,the remaining persons are selected as the jury.It may take more than one conference
among the parties,
their attorneys, and me before the final selections are made.

Purpose of Questioning The questionsthat you will be asked during this process are not
intended to embarrass you or unnecessarilypry into your personalaffairs,
but it is importantthat
the partiesand their attorneys know enough about you to make this important decision. If a

question is asked that you would prefernot to answer in front of the whole courtroom, justlet me
know and you can come up here and give your answer justin front ofthe attorneys and me. If you
have a questionof either the attorneys or me, don't hesitate to let me know.

Response to Questioning There are no rightor wrong answers to the questionsthat will be
asked of you. The only thingthat I ask is that you answer the questionsas franklyand as honestly
and as completely as you can. You [willtakel [have takenl an oath to answer all questions
and completely and you must do so. Remaining silent when you have information you
truthfully
should disclose is a violation ofthat oath as well. If a jurorviolates this oath, it not only may result
in having to try the case all over again but also can result in civil and criminal penaltiesagainsta

juror personally.So, again,it is very importantthat you be as honest and complete with your
pleaseraise your hand and ask
answers as you possiblycan. If you don't understand the question,
for an explanationor clarification.

In sum, this is a process to assist the partiesand their attorneys to select a fair and impartial

jury.All ofthe questionsthey ask you are for this purpose. If,for any reason, you do not think you
can be a fair and impartialjuror,you must tell us.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 4

(Introduction)

You have now taken an oath to serve as jurorsin this trial. Before we begin, I am going to
tell you about the rules of law that apply to this case and let you know what you call expect as the

trial proceeds.

It is of the rules of law but it might be that I will not know
my intention to give you [all/most]
of the law that will apply in this case until all of the evidence is presented.However,
for sure all

most ofthe law and give it to you at the beginning ofthe trial so that you will better
I can anticipate

understand what to be looking for while the evidence is presented.If I later decide that different or
additional law appliesto the case, I any event, at the end ofthe evidence I will give
will tell you. In

you the final instructions on which you must base your verdict. At that time, you will have a
complete written set of the instructions so you do not have to memorize what I am about to tell
you.

Source: Florida Standard Jury Instruction 202.1

Given
Given as Modified
Denied
Withdrawn
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 5

(Explanationo f the Trial Procedure)

Now that you have heard the law, I want to let you know what you can expect as the trial
proceeds.

Opening Statements: Ina few moments, the attorneys will each have a chance to make
what are called opening statements. In an opening statement, an attorney is allowed to give you
[his][her]views about what the evidence will be in the trial and what you are likelyto see and
hear in the testimony.

EvidentiaryPhase: After the attorneys'opening statements the Plaintiffs will bring their
witnesses and evidence to you.

Evidence: Evidence is the information that the law allows you to see or hear in deciding
this case. Evidence includes the testimony of the witnesses, documents, and anything else that I

instruct you to consider.

Witnesses: A witness is a person who takes an oath to tell the truth and then answers

questionsfor the jury. The answering of attorneys'
attorneys' questionsby witnesses is called
"givingtestimony."Testimony means statements that are made when someone has sworn an oath
to tell the truth.

The Plaintiffs' lawyer will normally ask a witness the questionsfirst. That is called direct

examination. Then the defense lawyer may ask the same witness additional questions about
whatever the witness has testified to. That is called cross-examination. Certain documents or other
evidence may also be shown
you during direct or cross-examination. After the Plaintiffs'
to

witnesses have testified,
Citizens will have the opportunityto put witnesses on the stand and go

through the same process. Then the Plaintiffs' lawyer gets to do cross-examination. The process
is designed to be fair to both sides.

important that you remember that testimony comes from witnesses. The attorneys do
It is

not give testimony and they are not themselves witnesses.

Objections:Sometimes the attorneys will disagreeabout the rules for trial procedurewhen
a questionis asked of a witness. When that happens,one of the lawyers may make what is called
The rules for a trial can be complicated,and there are many reasons for attorneys
an "objection."
to object.You should simply wait for me to decide how to proceed. If I say that an objectionis

"sustained,"that means the witness may not answer the question.If I say that the objectionis
"overruled,"that means the witness may answer the question.
When there is an objectionand I make a decision,you must not assume from that decision
that have any particular
I opinion other than that the rules for conductinga trial are being correctly
followed. If I say a question may not be asked or answered, you must not try to guess what the
answer would have been. That is againstthe rules,too.

Side Bar Conferences: Sometimes need to speak to the attorneys about legalelements
I will

for the jury to hear. The attorneys and I will try to have as few
of the case that are not appropriate
ofthese conferences as possiblewhile you are givingus your valuable time in the courtroom. But,
ifwe do have to have such a conference duringtestimony,we will try to hold the conference at the

side of my desk so that we do not have to take a break and ask you to leave the courtroom.

Recesses: Breaks in an ongoing usuallycalled "recesses." During a recess you still
trial are

have your duties as a juror and must follow the rules,even while having coffee, at lunch, or at
home.

Instructions Before Closing Arguments: After all the evidence has been presentedto you,
I will instruct you in the law that you must follow. It is important that you remember these
which
instructions to assist you in evaluatingthe final attorney presentations, come next, and, later,
during your deliberations,to help you correctlysort through the evidence to reach your decision.

Closing Arguments: The attorneys will then have the opportunityto make their final

to you, which are called closingarguments.
presentations

Final Instructions: After you have heard the closingarguments, I will instruct you further

in the law as well as explainto you the procedures you must follow to decide the case.

Deliberations: After jury instructions,you will go to the jury room and
you hear the final

discuss and decide the questionsI have put on your verdict form. [You will have a copy of the jury
instructions to use duringyour discussions.]The discussions you have and the decisions you make

areusuallycalled "jurydeliberations." Your deliberations are absolutelyprivateand neither I nor

anyone else will be with you in the jury room.

When you have finished answering the questions,you will give the verdict form
Verdict:
and we will all return to the courtroom where your verdict will be read. When that is
to the bailiff,

completed,you will be released from your assignmentas a juror.

What are the rules?

Finally,before we begin the trial,I want to give you just a brief explanationof rules you
must follow as the case proceeds.
Keeping an Open Mind: You must pay close attention to the testimony and other evidence
as it comes into the trial. However, you must avoid forming any opinion or tellinganyone
final

else your views on the case until you begin your deliberations. This rule requiresyou to keep an

open mind until you have heard all ofthe evidence and is designed to prevent you from influencing
how your fellow jurorsthink until they have heard of the evidence and had an opportunityto
all

form their own opinions.The time and place for coming to your final opinionsand speaking about
them with your fellow jurorsis duringdeliberations in the jury room, after all o f the evidence has

been presented,closingarguments have been made, and I have instructed you on the law. It is

importantthat you hear all of the facts and that you hear the law and how to apply it before you
start decidinganything.

Consider Only the Evidence: It is the thingsyou hear and see in this courtroom that matter
in this trial. The law tells us that a juror can consider only the testimony and other evidence that

all the other jurorshave also heard and seen in the presence of the judge and the lawyers.Doing

anything else is wrong and is againstthe law. That means that you must not do any work or
ofyour
investigation own about the case. You must not obtain on your own any information about
the case or about anyone involved in the case, from any source whatsoever. This includes reading
newspapers, watching television or using a computer, cell phone, the Internet, any electronic
device, or any other means at all,to get information related to this case or the people and places
involved in this case. This applieswhether you are in the courthouse, at home, or anywhere else.

You must not visit placesmentioned in the trial or use the internet to look at maps or picturesto
see any place discussed during trial.

Do not provide any information about this case to anyone, includingfriends or family
members. Do not let anyone, includingthe closest family members, make comments to you or ask
questionsabout the trial.must not have discussions of any sort with friends or family
Jurors
members about the case or the people and places involved. So, do not let even the closest family
members make comments to questionsabout the trial. In this age of electronic
you or ask

communication, I want to stress again that justas you must not talk about this case face-to-face,
you must not talk about this case by using an electronic device. You must not use phones, tablets,
computers or other electronic devices to communicate. Do not send or accept any messages related
to this case or your jury service. Do not discuss this case or ask for advice by any means at all,
includingposting information on an Internet website, chat room or blog.

No Mid-Trial Discussions: When we are in a recess, do not discuss anythingabout the trial
or the case with each other or with anyone else. If attorneys approach you, don't speak with them.
The law says they are to avoid contact with you. If an attorney will not look at you or speak to you,
do not be offended or form a conclusion about that behavior. The attorney is not supposed to
interact with jurors outside of the courtroom and only following the rules. The attorney is not
is

being impolite.If an attorney or anyone else does try to speak with you or says something about
the case in your presence, please inform the bailiff immediately.
Only the Jury Decides: Only you get to deliberate and answer the verdict questionsat the
end of the trial. I will not intrude into your deliberations at all. I am required to be neutral. You
should not assume that Ipreferone decision over another. You should not try to guess what my
opinion is about any part ofthe case. It would be wrong for you to conclude that anything I say or
do means that I am for one side or another in the trial. Discussing and decidingthe facts is your
job alone.

GIVEN
REFUSED
MODIFIED
WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 6

(Note Taking by Jurors)

Ifyou would like to take notes during the trial,
you may do so. On the other hand, ofcourse,
you are not requiredto take notes ifyou do not want to. That will be left up to you individually.

You will be providedwith a note pad and a pen for use ifyou wish to take notes. Any notes
that you take personaluse. However, you should not take them with you from the
will be for your

courtroom. During recesses, the bailiff will take possessionof your notes and will return them to

you when we reconvene. After you have completed your deliberations,the bailiff will deliver your
notes to me. They will be destroyed.No one will ever read your notes.

you take notes, do not get so involved in note-takingthat you become
If distracted from
the proceedings.Your notes should be used only as aids to your memory.

Whether or not you take notes, you should relyon your memory of the evidence and you
should not be unduly influenced by the notes of other jurors.Notes are not entitled to any greater

weight than each juror'smemory ofthe evidence.

GIVEN
REFUSED
MODIFIED
WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 7

(JurorQuestions)

Questions for the court or courtroom personnel:

During the trial,you may have a questionabout these proceedings. If so, pleasewrite it
who will then hand it to me. I will review your questionwith the
down and hand it to the bailiff,
parties[and their attorneys]before responding.

Questions for witnesses:

You also may have a questionyou think should be asked of a witness. If so, there is a way
for you to request that I ask the witness a question.After all the attorneys have completed their

questioningofthe witness,you should raise your hand ifyou have a question. I will then give you

sufficient time to write the questionon a piece of paper, fold it,and give it to the bailiff,who will
pass it to me. Do not put your name on the question,show it to anyone or discuss it with anyone.

I will then review the question with the attorneys. Under our law, only certain evidence
may be considered by ajury in determininga verdict. You are bound by the same rules ofevidence
that control the questions.If I decide that the questionmay not be asked under our rules
attorneys'
of evidence, I will tell you. Otherwise, I questionto the witness. The attorneys may
will direct the

then ask follow-up questionsif they wish. If there are additional questionsfrom jurors,we will
follow the same procedure again.

providing this procedure, I do not mean to suggest that you must or should submit
By
written questionsfor witnesses. In most cases, the lawyers will have asked the necessary questions.

GIVEN
REFUSED
MODIFIED
WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 8

This is a breach of contract claim brought Jorge Suarez Baro, Christie
by the Plaintiffs,
Baro, and Zachary Baro, under a policy of homeowner's insurance issued by the Defendant
Citizens Property Insurance Corporation for their property located at 215 SW 62ind Terrace,
Plantation, Florida 33317. This policy covers direct physical losses subject to the terms,

conditions,and exclusions o f the policyo f insurance.

Jorge Suarez Baro, Christie Baro, and Zachary Baro, claim that Citizens Property Insurance
Corporation breached the insurance policy by failingto afford coverage for their loss claimed to
have occurred on or around July 2,2020, and by failingto pay them for roof and interior damage
from a storm on that date.
allegedlyresulting

Citizens Property Insurance Corporationdenies that it breached the insurance policy,and
claims that the loss allegedby Jorge Suarez Baro, Christie Baro, and Zachary Baro, was not
covered under the policy of insurance based upon the terms, conditions and exclusions of the
Citizens' policy.

The partiesmust prove their claims by the greater weight ofthe evidence. I will now define
some of the terms you will use in decidingthis case.

Source: Fla. Std. Jury Instr. 416.1.

GIVEN
REFUSED
MODIFIED
WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 9

To recover damages from Citizens for breach of insurance contract, Plaintiffs must prove
the following by the greater weight of the evidence:
1. Plaintiffs' from
covered property sustained direct physicalloss caused by or resulting
wind that occurred on or about July 2,2020;
2. This damage was not otherwise excluded under Plaintiffs' insurance contract.
3. Plaintiffs did all of the thingswhich the contract requiredthem to do;
4. All conditions requiredby the contract for Citizens' performance had occurred;
5. Citizens failed to issue payment for damages caused by the storm; and
6. Plaintiffs were harmed by that failure because their property sustained covered damages
that were not paid for.

Source: Fla. Std. Jury Instr. 416.4.
Given
Given as Modified
Denied
Withdrawn
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 10

"Greater weight of the evidence" means more likelythan not or the more persuasive and
convincing force and effect of the entire evidence in the case.

Source: Fla. Std. Jury Instr. (Civ.)401.3.

GIVEN
REFUSED
MODIFIED
WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 11

Plaintiffs have the burden to prove that physical loss on or
their property incurred direct

about July 2,2020, during a time the policy was effective. If the greater weight of the evidence
does not support Plaintiffs' claim, your verdict should be for Citizens. If,however, the greater

weight of the evidence supports Plaintiffs' claim, then you shall consider the defenses raised by
Citizens.

Policy;Fla. Std. Jury Instr. 401.21, 401.22.
Given
Given as Modified
Denied
Withdrawn
DEFENDANT'S REQUESTED JURY INSTRUCTION NO. 12

On Citizens' first defense, Citizens asserts that the insurance policy excludes coverage for
rain to the interior of their property unless wind first damaged the buildingcausing an opening in
a roof or wall and the rain entered through that opening.

Therefore,on the first defense raised by Citizens,the issue for you to decide is whether the

damage, if any, is excluded from coverage by this policyprovision.

If Citizens carries its burden to prove that the interior damage was caused by rain,the
burden shifts back to Plaintiffs to prove that wind first damaged the buildingcausing an opening

in the roof and the rain entered through that opening.

Ifthe greater weight ofthe evidence does not support Plaintiffs' claim,your verdict should
be for Citizens on that claim.

However, ifthe greater weight ofthe evidence supports Plaintiffs' claim, then your verdict
should be for Plaintiffs and againstCitizens on that claim.

Source: Fla. Std. Jury (Civ.)401.21 (Adapted);W. Best, Inc. v. Underwriters at
Instr.

Lloyds,London, 655 So. 2d 1213, 1214 (Fla.4?h DCA 1995);E. Fla. Hauling Inc. v. Lexington
Ins. Co., 913 So. 2d 673, 678 (Fla.3d DCA 2005);Fla. Windstorm Underwritingv. G+pani,-234

So.2d 501, 506 (Fla.3d DCA 2005);Empire Pro Restoration, Inc. v. Citizens Propero; Insurance

Corporation, 2021 WL
2131767 (Fla.4th DCA May 26,2021).

GIVEN
REFUSED
MODIFIED
WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 13

On Citizens second defense, Citizens asserts that the insurance policy excludes coverage
for damage that is caused by wear, tear, or deterioration.

Therefore, on the second defense raised by Citizens,the issue for you to decide is whether
the damage, if any, is excluded from coverage by this policyprovision.

burden to prove by the greater weight of the evidence that the damage
If Citizens carries its

to the roof was caused by wear, tear or deterioration,your verdict should be for Citizens on that

claim.

However, ifthe greater weight ofthe evidence supports Plaintiffs' claim, then your verdict
should be for Plaintiffs and againstCitizens on that claim.

Source: Policy

GIVEN
REFUSED
MODIFIED
WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 14
-
(Damages Modified)

If you Defendant Citizens Property Insurance Corporation,then you will not
find for the

consider the matter of damages. But, if you find for the Plaintiffs,
Jorge Suarez Baro, Christie
Baro, and Zachary Baro, you should award the Plaintiffs an amount of money that the greater
weight of the evidence shows is needed to make the necessary repairsor replacethe damaged
property as a result ofthis loss.

Source: Policy;Fla. Std. Jury Instr. (Civ.)504.2.

GIVEN
REFUSED
MODIFIED
WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION NO. 15

(Weighing the Evidence)

In decidingthis case, it is your duty as jurorsto decide the issues,and only those issues,
that I submit for your determination. You must come to an agreement about your verdict.

The evidence in this case consists of the sworn testimony of the witnesses, all exhibits
received in evidence, and all facts that were admitted or agreed to by the parties.

In reaching your verdict, you must think about and weigh the testimony and any
documents, photographs, or other material that has been received in evidence. You may also
consider any facts that were admitted or agreed to by the lawyers.Your job is to determine what
the facts are. You may use reason and common sense to reach conclusions. You may draw
reasonable inferences from the evidence. But you should not guess about things that were not
covered here. And, you must always apply the law as I have explainedit to you.

GIVEN
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DEFENDANT'S REQUESTED JURY INSTRUCTION No. 16

(Believability
ofWitnesses)

Let me speak brieflyabout witnesses. In evaluatingthe believability
of any witness and the

weight you will give the testimony of any witness, you may properlyconsider the demeanor ofthe
witness while testifying; the frankness or lack of frankness of the witness; the intelligence
of the

witness; any interest the witness may have in the outcome of the case; the means and opportunity
the witness had to know the which the witness testified;
facts about the abilityof the witness to
remember the matters about which the witness testified;
and the reasonableness of the testimony
of the witness, considered in the lightof all the evidence in the case and in the lightof your own
experience and common sense.

You have heard opiniontestimony on certain technical subjectsfrom persons referred to
as expert witnesses. Some of the testimony before you was in the form of opinionsabout certain
technical subjects.

You may accept such opiniontestimony,rejectit,or give it the weight you think it deserves,
consideringthe knowledge skill,experience,training,or education of the witness, the reasons
given by the witness for the opinionexpressed,and all the other evidence in the case.

Source: Florida Standard Jury Instruction 601.2

GIVEN
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MODIFIED
WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 17

(CorporateRepresentativeKnowledge)

A
corporationprovides testimony through a "corporate representative." The corporate
and testifies regardingthe collective knowledge ofthe
is selected by the corporation
representative
As the corporation's
corporation. does not simply testify
"voice," the corporate representative
about matters within his or her personalknowledge, but rather is speaking for the corporation.

The corporate representativetestifies about matters known or reasonably available to the
corporation.The corporate representative possesses knowledge to the extent facts relatingto the
claim are reasonablyavailable,whether from documents, past employees, or other sources.

Source: Carriage Hills Condo., Inc. v. JBH Roofing & Constructors, Inc., 109 So. 3d 329
(Fla.4th DCA 2013).

Given
Given as Modified
Denied
Withdrawn
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 18

(Concluding Instruction
- Before ClosingArgument)
That is the lawyou must follow in decidingthis case. The attorneys for the partieswill now
present their final arguments. When they are through,I will have a few final instructions about
your deliberations.

Source: Florida Standard Jury Instruction 601.5

GIVEN
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WITHDRAWN
DEFENDANT'S REQUESTED JURY INSTRUCTION No. 19

(ClosingInstructions)

Members of the jury,you have now heard all the evidence, my instructions on the law that

you must apply in reaching your verdict and the closingarguments of the attorneys. You will
shortlyretire to the jury room to decide this case. Before you do so, I have a few last instructions

for you.

During deliberations,jurorsmust communicate about the case only with one another and
only when alljurorsare present in the jury room. You will have in the jury room all ofthe evidence
that was received during the trial. In reachingyour decision, do not do any research on your own
or as a group. Do not use dictionaries,the internet,or any other reference materials. Do not

investigate the case or conduct any experiments.Do not visit or view the scene of any event
involved in this case or look at maps or pictureson the internet. If you happen to pass by the scene,
do not stop or investigate. All jurorsmust see or hear the same evidence at the same time. Do not
read, listen to, or watch any news accounts of this trial.

You communicate with any person outside the jury about this case. Until you
are not to

have reached a verdict,you must not talk about this case in person or through the telephone,

writing,or electronic communication, such as a blog,twitter,e-mail,text message, or any other
means. Do not contact anyone to assist you, such as a family accountant, doctor, or lawyer.These
communications rules apply until I dischargeyou at the end of the case. If you become aware of
any violation of these instructions or any other instruction I have given in this case, you must tell
me by giving a note to the bailiff.

Any notes you have taken during the may be taken to the jury room for use during
trial

your discussions. Your notes are simply an aid to you own memory, and neither your notes nor
those of any other juror are binding or conclusive. Your notes are not a substitute for your own

memory or that of other jurors.Instead,your verdict must result from the collective memory and
judgment of all jurorsbased on the evidence and testimonypresentedduring the trial.

At the conclusion of the trial,
the bailiff will collect all of your notes and immediately

destroythem. No one will ever read your notes.

In reachingyour verdict,do not let bias,sympathy,prejudice,
publicopinion,or any other
sentiment for or againstany party to influence your decision. Your verdict must be based on the
evidence that has been received and the law on which I have instructed you.

Reaching a verdict is exclusivelyyour job. I cannot participate
in that decision in any way

and you should not guess what I think your verdict should be from something I may have said or
done. You preferone verdict over another. Therefore, in reaching your
should not think that I

verdict,you should not consider anything that I have said or done, except for my specific
instructions to you.

Pay gave you, for that is the law that you must
careful attention to all the instructions that I

follow. You will have a copy of my instructions with you when you go to the jury room to

deliberate. All the instructions are important,and you must consider all of them together. There
are no other laws that apply to this case, and even if you do not agree with these laws, you must
use them in reachingyour decision in this case.

After you have decided what the facts are, you may find that some instructions do not

apply.In that case, follow the instructions that do apply and use them togetherwith the facts to

reach your verdict.

When you go to the jury room, the first thingyou should do is choose a presidingjurorto
ac

Case Info

Judge

Singer, Michele Towbin Track Judge’s New Case

Case No.

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Document Filed Date

August 18, 2023

Case Filing Date

April 09, 2021

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Document for Jorge Baro Suarez, et al Plaintiff vs. Citizens Property Insurance Corporation Defendant

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