Preview
Filing# 161693868 E-Filed 11/23/2022 03:00:20 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FL
CASE NO.: CACE-21-007603
YOANDRIS MIGUEL CASTELLANOS,
Plaintiffs,
VS.
CITIZENS PROPERTY
INSURANCE CORPORATION,
Defendant,
'
PLAINTIFF'S PROPOSED JURY INSTRUCTIONS AND VERDICT FORM
COMES NOW the Plaintiff,
YOANDRIS MIGUEL CASTELLANOS, by and through
undersigned counsel, files the Plaintiff' s Proposed Jury Instructions and Verdict Form pursuant
to the Jury Trial order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoinghas been furnished
by electronic mail on this
,rd
23 day of November 2022, to Patricia Hamilton, Esquire, LAW
OFFICES OF HOFFMAN & HOFFMAN, P.A., 66 W. FlaglerStreet,Suite 200, Miami, Florida
33130, Telephone: 305.372.2877; Facsimile: 305.372.2875, E-mail: eservice@hoffmanpa.com
M.S.P.G. LAW GROUP, P.A.
Attorney for the Plaintiff
770 Ponce De Leon Blvd., Suite 101
Coral Gables, FL 33134
Telephone: 305-444-1887
Facsimile: 305-666-8427
By: 'SI Leo A. Manzanilla, Esq.-
LEO A. MANZANILLA, ESQ.
FLA. BAR NO.: 0652921
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/23/2022 03:00:19 PM.****
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 1
101.1 OATH OF JURORS BEFORE VOIR DIRE
Do you solemnly swear to all questionsasked of you as
affirm that you will truthfully
prospectivejurors [so help you God]?
101.2 OATH OF JURORS AFTER VOIR DIRE
Do you
solemnly swear or affirm that you will well and trulytry this case between the
Plaintiff and Defendant and a true verdict render according to the law and evidence {so help you
Godl?
101.3 OATH OF A WITNESS
Do you
solemnly swear or affirm that the evidence you are about to give will be the truth,
the whole truth,and nothingbut the truth [so help you Godl?
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Florida Standard Jury Instructions 101
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 2
QUALIFICATIONS INSTRUCTIONS
Many of you have phones, computers and other electronic devices. Even though you have
cell
not yet been selected as a juror,there are some strict rules that you must follow about using your
cell phones, electronic devices, and computers. You must not use any device to search the
internet or to find out anythingrelated to any cases in the courthouse.
Between now and when you have been dischargedfrom jury duty by the judge,you must not
provide or receive any information about your jury service to anyone, includingfriends,co-
workers, and family members. You may tell those who need to know where you are that you
have been called for jury duty.If you are picked for a jury,you may tell people that you have
been picked for a jury and how long the case may take. However, you must not give anyone any
information about the case itself or the people involved in the case. You must also warn people
not to try to say anythingto you or write to you about jury service ofthe case. This included
face-to-face,phone or computer communications.
In this age of electronic communications, I want to stress that you must not use electronic
devices or computers to talk about this case, includingtweeting,texting,
blogging,emailing,
postinginformation on a website or chat room, or any other means at all. Do not send or accept
any messages, includinge-mail and text messages, about your jury service. You must not
disclose your thoughts about your jury service or ask for advice on how to decide any case.
instructions about
After you are called to the courtroom, the judge will give you specific
these matters. A judge will tell you when you are released from the instruction. All of us are
depending on you to follow these rules,so that there will be a fair and lawful resolution of every
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case.
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Florida Standard Jury Instruction 200
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 3
(Prior to Voir Dire)
Welcome. The clerk will now administer your oath.
Now that you have been sworn, I'd 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 disagreement
between 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."
Defendant, Citizens Property Insurance Corporation,issued an all perilshomeowners insurance
policy to the Insured, YOANDRIS MIGUEL CASTELLANOS, and agreed to insure their home
located at 7837 Orleans Street,Miami, Florida 33023 during the period of March 27,2020 to
Tropical Storm Isaias. YOANDRIS MIGUEL CASTELLANOS made an insurance claim
related Hurricane Irma that occurred on August 2,2020. On that date MARIO RAMIREZ
contend that TropicalStorm Isaias caused damage to their home includingthe kitchen,
bedrooms, office room, hallways,bathrooms, interior and surroundingareas. Citizens Property
Insurance Corporation investigatedthe claim and found damage to the interior of the home.
Plaintiff brought this breach o f contract action againstCitizens Property Insurance Corporation
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for to properlyindemnify the
failing Plaintiff.
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Florida Standard Jury Instructions 201.1
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 4
Who are the people here and what do they do?
Judge/Court: I am the judge.You may hear people occasionallyrefer 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 explainvarious rules to you that you will need to know in
to the trial. I will also
order to do your job as the jury.It is my job to remain neutral on the issues ofthis lawsuit.
Attorneys: The attorneys to whom I will introduce you have the job ofrepresentingtheir clients.
That is,they speak for their client or clients here at the trial. They have taken oaths as attorneys
to do their best and to follow the rules for their profession.
Counsel: The attorneys on this side of the courtroom are Leo Manzanilla, Jonathan
Plaintiff's
Schwartz and Analise Perales represent YOANDRIS MIGUEL CASTELLANOS, who filed the
lawsuit here at the courthouse. Their job is to present their clients' side of thingsto you. They
and their clients will be referred to most of the time as "Plaintiffs."
Defendant's Counsel: The attorneys ofthis side ofthe courtroom, Patricia Hamilton, represent,
Citizens Property Insurance Corporation,the insurance company who has been sued. They and
their clients will be referred to most ofthe time as "Defendants."
Court Clerk The person sitting in front of me ( ) is the court clerk. He/she is here to
assist me with some of the mechanics of the trial process, includingthe numbering and collection
of the exhibits that are introduced in the course of the trial.
Court Reporter: The person sitting
at the stenographicmachine, ( ),is the court
reporter. His/her job is to keep an accurate legalrecord of all everythingwe say and do during
this trial.
Courtroom Deputy The person over there,( ),is the Courtroom Deputy.
His/her job is to maintain order and securityin the courtroom. The Courtroom Deputy is also my
to the jury.Anything
representative you need or any problems that come up for any during the
course of the trial should be brought to him/her. However, the Courtroom Deputy cannot answer
any of your 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 of you. The jury'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 opinions about the lawsuit.
In order to have a fair and lawful trial,
there are rules that all jurorsmust follow. A basic rule is
only on the evidence presentedin the courtroom. You must not
that jurorsmust decide the case
communicate with anyone, includingfriends and family members, about this case, the people
and placesinvolved, or your jury service. You must not disclose your thoughtsabout this case or
ask for advice on how to decide this case.
Iwant you to stress that this rule means you must not use electronic devices or computers to
communicate about this case, includingtweeting,texting, blogging,emailing,posting
information on a website or chat room, or any other this case or your jury service.
You must not do any research or look up words, names [mapsl, or anythingelse that must have
anythingto do with this case. This includes readingnewspapers, 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 or placesinvolved in this case. This applieswhether
you are in the courthouse, at home, or anywhere else.
All of us are depending on you to follow these rules,so that there will be a fair and lawful
resolution to this case. Unlike questionsthat you may be allowed to ask in court, which will be
answered judge and the parties,
in court in the presence o f the research, or
if you investigate,
make inquirieson your own outside of the courtroom, the trial judge has no way to assure they
are proper and relevant to the case. The partieslikewise have no opportunityto disputethe
accuracy o f what you find or to provide rebuttal evidence to it. That is contrary to our judicial
system, which assures every party the rightto ask questionsabout and rebut the evidence being
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considered against it and to present argument with respect to that evidence.
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Florida Standard Jury Instructions 201.2
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 5
Voir Dire:
The last thingI want to do, before we begin to select the jury,is to explainto you how the
selection process works.
This
Questions/Challenges: is the part of the case where the partiesand their lawyers have
the opportunityto get to know a littlebit 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
That is what is called a challenge
believe that he or she might be unable to be fair and impartial.
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 their attorneys, and
the parties, 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 personal affairs,
but it is important that
the partiesand their attorneys know enough about you to make this importantdecision. If a
questionis 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 o f the 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
questionstruthfullyand completely and you must do so. Remaining silent when you have
information you should disclose is a violation o f that 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
So, again,it is very importantthat you be as honest
criminal penaltiesagainsta jurorpersonally.
and complete with your answers as you possiblycan. If you don't understand the question,
pleaseraise your hand and ask for an explanationor clarification.
In sum, this is a process to assist the partiesand their attorneys to select a and impartial
fair
jury.All of the questionsthey ask you are for this purpose. If,for any reason, you do not think
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you can be a fair and impartialjuror,you must tell us.
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Florida Standard Jury Instruction 201.3
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 6
Administer oath:
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 my intention
to give you [all][most] of the rules of law but it might be that I will not
know for sure all of the law that will apply in this case until all of the evidence is presented.
However, can anticipate
I most of the law and give it to you at the beginning of the trial so that
you will better understand what to be lookingfor while the evidence is presented. If I later decide
that different or additional law appliesto the case, I will tell you. In any event, at the end of the
evidence I will give 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
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you.<
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Florida Standard Jury Instruction 202.1
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO.7
Now that you have heard the law, I want to let you know what you can expect as the trial
proceeds.
Opening Statements: In a few moments, the attorneys will each have a chance to make
what opening statements. In an opening statement, an attorney is allowed to give you
are called
[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 bringtheir
witnesses and evidence to you.
Evidence: Evidence is law allows you to see or hear in deciding
the information that the
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
attorneys'questionsfor the jury.The answering of attorneys'questionsby witnesses is called
"givingtestimony."Testimony means statements that are made when someone has sworn an oath
to tell the truth.
The lawyer will normally ask a witness the questionsfirst. That is called direct
Plaintiff' s
examination. Then the defense lawyer may ask the same witness additional questionsabout
whatever the witness has testified to. That is called cross-examination. Certain documents or
other evidence may also be shown to you duringdirect or cross-examination. After the plaintiff'
s
the defendant will have the opportunity
witnesses have testified, to put witnesses on the stand
and go through the same process. Then the plaintiff's
lawyer gets to do cross-examination. The
process is designed to be fair to both sides.
importantthat 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 procedure when
a question is asked of a witness. When that happens, one ofthe lawyers may make what is called
an "objection."The rules for a trial can be complicated,and there are many reasons for attorneys
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
have any particular
that I opinionother than that the rules for conductinga trial are being
correctlyfollowed. If I say a questionmay 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 I need to speak to the attorneys about legalelements
will
of the case that are not appropriatefor the jury to hear. The attorneys and I will try to have as few
of these conferences as possiblewhile you are giving us your valuable time in the courtroom.
But, if we do have to have such a conference during testimony,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 trial are usuallycalled "recesses." During a recess you still
have your duties as a jurorand 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 importantthat you remember these
instructions to assist you in which
evaluatingthe final attorney presentations, come next, and,
sort through the evidence to reach your
to help you correctly
later,during your deliberations,
decision.
Closing Arguments: The attorneys will then have the opportunityto make their final
presentationsto you, which are called closingarguments.
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 you hear the final jury instructions,
you will go to the jury room and
discuss and decide the questionsI have put on your verdict form. [You will have a copy of the
jury instructions to use during your discussions.]The discussions you have and the decisions you
make are usuallycalled "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 to
Verdict:
and we will all return to the courtroom where your verdict will be read. When that is
the bailiff,
completed,you will be released from your assignment as a juror.
What are the rules?
before
Finally, we begin the trial,I want to give you justa 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 final opinionor telling anyone
else your views on the case until you begin your deliberations. This rule requiresyou to keep an
open mind until you have heard of the evidence and is designed to prevent you from
all
influencinghow your fellow jurorsthink until they have heard all of the evidence and had an
opportunityto form their own opinions.The time and place for coming to your final opinions
and speaking about them with your fellow jurorsis during deliberations in the jury room, after all
of 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 deciding anything.
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 o f the judge and the lawyers.Doing
anything else is wrong and is againstthe law. That means that you must not do any work or
of your own about the
investigation 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
readingnewspapers, 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 places mentioned in the trial or use the internet to look at
maps or picturesto see any place discussed duringtrial.
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. Jurors must not have discussions of any sort with friends or family
members about the case or the people and placesinvolved. So, do not let even the closest family
members make comments to you or ask questionsabout the trial. In this age of electronic
communication, I want to stress again that justas you must not talk about this case face-to-face,
you must not about this case by using an electronic device. You must not use phones, tablets,
talk
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,includingpostinginformation on an Internet website, chat room or blog.
No Mid-Trial Discussions: When we are in a recess, do not discuss anything about 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 jurorsoutside ofthe courtroom and is only followingthe rules. The
attorney is not 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 and answer the verdict questionsat the
deliberate
end of the trial. I will not intrude into your deliberations at all. I am requiredto be neutral. You
should not assume that I preferone decision over another. You should not try to guess what my
opinionis about any part of the case. It would be wrong for you to conclude that anythingI say
or do means that I am for one side or another in the trial. Discussingand decidingthe facts is
yourjob alone.
Use of Cell Phones and Electronic Devices in the Courtroom and Jury Room:
*The trial judge should select one of the followingtwo alternative instructions explaining
the rules governing jurors' use of electronic devices, as explainedin Note on Use 3.
Alternative A: [Allcell phones or other types of electronic devices must be turned off while
you are in the courtroom. Turned offmeans that the phone or other electronic device is actually
off and not in a silent or vibratingmode. You may use these devices during recesses, but even
then you may not use your 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 recordingsof the proceedingsor your fellow jurors.
After each recess, pleasedouble check to make sure your device is turned off. At the end of the
case, while
you are deliberating,you must not communicate with anyone outside the jury room.
You cannot have in the jury room any cell phones, computers, or other electronic devices. If
there are breaks in the deliberations,
I allow you to communicate with your family or
may
friends,but do not communicate about the case or your deliberations. If someone needs to
contactyou in an emergency, the court can receive messages and deliver them to you without
delay. The court's phone number will be provided to you.I
Alternative B: [You cannot have any phones, computers, or other electronic devices in
cell
the courtroom. You may use these devices duringrecesses, but even then you may not use your
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 your fellow jurors.At the end ofthe case,
while you are deliberating, you must not communicate with anyone outside the jury room. If
I may allow you to communicate with your family or
there are breaks in the deliberations,
friends,but do not communicate about the case or your deliberations. If someone needs to
contactyou in an emergency, the court can receive messages and deliver them to you without
delay. The court's phone number will be provided to you.]7
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Florida Standard Jury Instruction 202.2
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 8
If you would you may do so. On the other hand, of
during the trial,
like to take notes
course, you are not requiredto take notes if you do not want to. That will be left up to you
individually.
You will be provided with a note pad and a pen for use if you wish to take notes. Any notes
that you take will be your personaluse. However, you should not take them with you from
for
the courtroom. During recesses, the bailiff will take possessiono f 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.
do not get so involved in note-takingthat you become distracted from the
If you take notes,
Your notes should be used only as aids to your memory.
proceedings.
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.8
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Florida Standard Jury Instruction 202.3
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 9
Questionsfor the court or courtroom personnel:
During the trial,you may have a questionabout these proceedings. If so, pleasewrite it down
who will then hand it to me. I will review your questionwith the
and hand it to the bailiff,
parties[and their attorneys]before responding.
Questionsfor 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
questioningof the witness,you should raise your hand if you have a question.I will then give
who
you sufficient time to write the questionon a piece of paper, fold it,and give it to the bailiff,
will pass it to me. Do not put your name on the question,show it to anyone or discuss it with
anyone.
I questionwith the attorneys. Under our law, only certain evidence may be
will then review the
considered by a jury in determininga verdict. You are bound by the same rules of evidence that
control the attorneys'questions.If I decide that the questionmay not be asked under our rules 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.
By providingthis procedure,I do not mean to suggest that you must or should submit written
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questionsfor witnesses. In most cases, the lawyers will have asked the necessary questions.
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Florida Standard Jury Instruction 202.4
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 10
The (describeitem of evidence)has now been received in evidence. Witnesses may testifyabout
any other item of evidence duringthe remainder of the trial. This and all other
or refer to this or
items received in evidence will be available to you for examination duringyour deliberations at
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the end ofthe trial.
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Florida Standard Jury Instruction 301.2
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 11
The (describeitem of evidence)has been received in evidence. It is being shown to you now to
help you understand the testimony of this witness and other witnesses in the case, as well as the
evidence as a whole. You may examine (describeitem of evidence)brieflynow. It will also be
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available to you for examination during your deliberations at the end of the trial.
?
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Florida Standard Jury Instruction 301.3
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 12
a. Generally:
This witness will be using (identifydemonstrative or visual aid(s))to assist in explaining or
[his][her] testimony. The testimony of the witness is evidence; however, [this][these]
illustrating
demonstrative
(identify or visual aid(s))[is][are] not to be considered as evidence in the case unless
received in evidence, and should not be used as a substitute for evidence. Only items received in
evidence will be available to you for consideration during your deliberations.
b. created visual or demonstrative aids based on disputedassumptions:
Specially
This witness will be using (identifydemonstrative aid(s))to assist in explainingor illustrating
[hisl [herl testimony. [Thisl [Thesel item[sl [hasl [havel been prepared to assist this witness in
explaining [his][her]testimony.[It][They] may be based on assumptions which you are free to accept
The testimony of the witness is evidence; however, [this][these](identifydemonstrative or
or reject.
visual aid(s))[is][are]not to be considered as evidence in the case unless received in evidence, and
should not be used as a substitute for evidence. Only items received in evidence will be available to you
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for consideration during your deliberations.
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Florida Standard Jury Instruction 301.4
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 13
The (describeitem of evidence)has now been received into evidence. It has been admitted only [for
the purpose of (describepurpose)] [as to (name party)]. You may consider it only [forthat purpose] [as it
might affect You
(name party)]. may not consider that evidence [forany other purpose] [as to [any other
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party][(name other party(s)].
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Florida Standard Jury Instruction 301.5
PROPOSED JURY INSTRUCTION NO. 14
This is a case about TropicalStorm Isaias damaging the home ofthe Insured,YOANDRIS
MIGUEL CASTELLANOS. On or about August 2,2020, the Plaintiffs contend that Tropical
Storm damage the kitchen,bedrooms, office room, hallways,bathrooms interior and
Isaias
surroundingareas ofthe home. At all times, the Insured's residence was insured under a
homeowners all risks The Defendant contends that an exclusion under the policy
insurance policy.
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appliesand no coverage exists for the Insured's damages.
The policyo f insurance issued by Citizens Property Insurance Corporationcovers damages to
the Castellanos' Residence as a result of a tropicalstorm. That is to say that any damages that you
find were caused to the home by a cause covered under the policyare covered. 15
The partiesmust prove all claims and defenses by the greater weight ofthe evidence. In a
homeowners policy like the one that the Insured purchased,the only obligationupon the Plaintiffis
to show a loss occurred duringthe time the policywas in effect. Then, the burden moves to the
Defendant to prove the existence of an exclusion for coverage.
Given
Given as modiM
Denied
Withdrawn
14
Supreme Court Committee on Standard Jury Instructions 16.1
15
Homeowner Analysis Treatises (1998) by Krauss, G., page 98, paragraph 7.
This paragraph means that any ensuing loss to property described in Coverage A and
Coverage B that is listed in 1. or 2. And not excluded or expected in this policy is covered.
For example, if a pipe leaks and eventuallybursts because of wear and tear or
deterioration, no coverage is provided to the plumbing system, however, coverage would
be provided for the ensuing water damage to the dwelling. Similarly,if a thermostat
malfunctions causing heat damage to a dwelling's wallpaper, car]?eting,wood, etc..., 1]2
coverage would be provided for the thermostat, however, coverage would be provided for
"
the ensuing heat damage.'
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 15
Plaintiff's claim is for breach of contract. To recover damages from Defendant for breach
of contract, Plaintiffs must prove all ofthe following:
1. Plaintiff and Defendant entered into a contract;
2. Plaintiff did all,or all,of the
substantially essential thingswhich the contract requiredthem
to do;
3. All conditions requiredby the contract for Defendant's performance had occurred;
4. Defendant failed to do something essential which the contract requiredit to do.
16
5. Plaintiffwas harmed by Defendant's failure.
It is not disputedthat Insured and Defendant entered into a contract to insure the
excluded, of direct physicalloss of or
Insured's property againstall risk,unless specifically
damage to cover dwellingduring the period March 27,2020 to March 27,2021. Plaintiff
has performed all conditions precedenton their part to be performed under the Contract and
pursuant to Florida law or all such conditions precedenthave been waived or otherwise
legallyexcused. In order to recover damages, the Plaintiffneed only prove that a loss
17
occurred to the Insured covered dwellingwhile the policywas in force. Defendant
?
breached the contract by virtue of their failure to pay the Plaintiff all benefits owed after a
direct physicalloss of or damage to their dwelling.
Given
Given as modiM
Denied
Withdrawn
16
Friedman v. New York Life Insurance Co., 985 So.2d 56,58 (Fla.4m DCA 2008)-, Marshall Construction, Ltd.v.
Coastal Sheet Metal & Roofng Inc., 569 So.2d 845, 848 (Fla. 1StDCA 1990).
17
Castillo v. State Farm Florida Ins. Co., 97 1 So. 2d 820, 824 (Fla. 3'dDCA
2007), Hudson v. Prudential Prop. And
Cas. Co., 450 So. 2d 565,568 (Fla.2nd DCA 1984).
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 16
..
"Greater weight of the evidence means the more persuasiveand convincing force and effect of
18
the entire evidence in this case.
Given
Given as modiM
Denied
Withdrawn
18
Florida Standard Jury Instructions 3.9.
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 17
In deciding this case, your duty as jurors [to decide the issues,and only those issues,that I
it is
submit for your determination][to answer certain questionsI ask you to answer on a specialform, called
a verdict forml. You must come to an agreement about [your verdictl [what your answers will be. Your
agreed-upon answers to my questionsare called your jury verdict].
The evidence sworn testimony of the witnesses,all exhibits received in
in this case consists of the
evidence [andl all facts that were admitted or agreed to by the parties[,and any fact of which the court
has taken judicialnotice (explainas necessary)].
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 thingsthat were not covered here. And, you must always apply the law
19
as I have explained it to you.
Given
Given as modiM
Denied
Withdrawn
19
Supreme Court Committee on Standard Jury Instruction 601.1
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 18
If the greater weight o f the evidence does not support the claim o f Plaintiff then your
20
verdict should be for Defendant.
However, if the greater weight o f the evidence does support the claim o f Plaintiff,
then
you should consider the defenses raised by Defendant.
Given
Given as modiM
Denied
Withdrawn
20
Florida Standard Jury Instruction M.I. 12.1(d).
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 19
The law recognizedthat sometimes, even though Plaintiff have met their burden of
provingthat a contract exists,facts or circumstances may exist which could excuse Defendant
from being liable to Plaintiff. Once the Plaintiff establishes that a loss occurred to a covered
dwellingduringthe policyperiod,it is the Defendant's heavy burden to prove that the loss arose
21
from a cause which is excluded. The Plaintiff is not requiredto disproveany excluded clauses.
22
Instead,the Defendant must prove that one of the causation exclusions was the sole cause of
23
this loss. These facts or circumstances are called affirmative defenses.
In this lawsuit,Defendant has raised and has the burden to prove their affirmative
defenses. Plaintiff denies Defendant's affirmative defenses.
Given
Given as modiM
Denied
Withdrawn
21
Castillo v. State Farm Florida Ins. y? DCA 20047), Hudson v. Prudential Prop
Co., 971 So. 2d 820, 824 (lfla.
And Cas. Co., 450 So. 2d 565, 568 (Fla.2nd DCA 1984); Wallach v. Rosenberg 527 So. 2d 1386, 1389 (Fla.3"rd
DCA 1988).
11
Id.
13
Id.
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 20
If you find for Defendant you will not consider the matter of damages. But, if you find
for Plaintiff you should award Plaintiff an amount o f money that the greater weight o f the
evidence shows will fairlyand adequatelycompensate them for such damage.
You shall consider the followingelements:
The cost to repairor replaceany direct physical loss of or damage to their property.
Any loss that Plaintiff sustained by being deprivedof the use of their home as a result of
the direct physicalloss of or damage to their dwelling.
Plaintiff seek an award of the costs to repairor replacethe direct physicalloss or damage
to their dwelling as damages for Defendant's breach of contract. Plaintiff also seeks an award for
loss of use of their home as a result of the direct physicalloss of or damage to their dwelling.
Given
Given as modiM
Denied
Withdrawn
PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 21
Members of the jury,you have now heard the evidence, my instructions on the law that
all
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 all jurorsare present in the jury room. You will have in the jury room all of the
evidence that was received during the trial. In reaching your decision,do not
Preview
Filing# 161693868 E-Filed 11/23/2022 03:00:20 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FL CASE NO.: CACE-21-007603 YOANDRIS MIGUEL CASTELLANOS, Plaintiffs, VS. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant, ' PLAINTIFF'S PROPOSED JURY INSTRUCTIONS AND VERDICT FORM COMES NOW the Plaintiff, YOANDRIS MIGUEL CASTELLANOS, by and through undersigned counsel, files the Plaintiff' s Proposed Jury Instructions and Verdict Form pursuant to the Jury Trial order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoinghas been furnished by electronic mail on this ,rd 23 day of November 2022, to Patricia Hamilton, Esquire, LAW OFFICES OF HOFFMAN & HOFFMAN, P.A., 66 W. FlaglerStreet,Suite 200, Miami, Florida 33130, Telephone: 305.372.2877; Facsimile: 305.372.2875, E-mail: eservice@hoffmanpa.com M.S.P.G. LAW GROUP, P.A. Attorney for the Plaintiff 770 Ponce De Leon Blvd., Suite 101 Coral Gables, FL 33134 Telephone: 305-444-1887 Facsimile: 305-666-8427 By: 'SI Leo A. Manzanilla, Esq.- LEO A. MANZANILLA, ESQ. FLA. BAR NO.: 0652921 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/23/2022 03:00:19 PM.**** PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 1 101.1 OATH OF JURORS BEFORE VOIR DIRE Do you solemnly swear to all questionsasked of you as affirm that you will truthfully prospectivejurors [so help you God]? 101.2 OATH OF JURORS AFTER VOIR DIRE Do you solemnly swear or affirm that you will well and trulytry this case between the Plaintiff and Defendant and a true verdict render according to the law and evidence {so help you Godl? 101.3 OATH OF A WITNESS Do you solemnly swear or affirm that the evidence you are about to give will be the truth, the whole truth,and nothingbut the truth [so help you Godl? 1 Given Given as modiM Denied Withdrawn 1 Florida Standard Jury Instructions 101 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 2 QUALIFICATIONS INSTRUCTIONS Many of you have phones, computers and other electronic devices. Even though you have cell not yet been selected as a juror,there are some strict rules that you must follow about using your cell phones, electronic devices, and computers. You must not use any device to search the internet or to find out anythingrelated to any cases in the courthouse. Between now and when you have been dischargedfrom jury duty by the judge,you must not provide or receive any information about your jury service to anyone, includingfriends,co- workers, and family members. You may tell those who need to know where you are that you have been called for jury duty.If you are picked for a jury,you may tell people that you have been picked for a jury and how long the case may take. However, you must not give anyone any information about the case itself or the people involved in the case. You must also warn people not to try to say anythingto you or write to you about jury service ofthe case. This included face-to-face,phone or computer communications. In this age of electronic communications, I want to stress that you must not use electronic devices or computers to talk about this case, includingtweeting,texting, blogging,emailing, postinginformation on a website or chat room, or any other means at all. Do not send or accept any messages, includinge-mail and text messages, about your jury service. You must not disclose your thoughts about your jury service or ask for advice on how to decide any case. instructions about After you are called to the courtroom, the judge will give you specific these matters. A judge will tell you when you are released from the instruction. All of us are depending on you to follow these rules,so that there will be a fair and lawful resolution of every 2 case. Given Given as modiM Denied Withdrawn 2 Florida Standard Jury Instruction 200 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 3 (Prior to Voir Dire) Welcome. The clerk will now administer your oath. Now that you have been sworn, I'd 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 disagreement between 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." Defendant, Citizens Property Insurance Corporation,issued an all perilshomeowners insurance policy to the Insured, YOANDRIS MIGUEL CASTELLANOS, and agreed to insure their home located at 7837 Orleans Street,Miami, Florida 33023 during the period of March 27,2020 to Tropical Storm Isaias. YOANDRIS MIGUEL CASTELLANOS made an insurance claim related Hurricane Irma that occurred on August 2,2020. On that date MARIO RAMIREZ contend that TropicalStorm Isaias caused damage to their home includingthe kitchen, bedrooms, office room, hallways,bathrooms, interior and surroundingareas. Citizens Property Insurance Corporation investigatedthe claim and found damage to the interior of the home. Plaintiff brought this breach o f contract action againstCitizens Property Insurance Corporation 3 for to properlyindemnify the failing Plaintiff. Given Given as modiM Denied Withdrawn 3 Florida Standard Jury Instructions 201.1 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 4 Who are the people here and what do they do? Judge/Court: I am the judge.You may hear people occasionallyrefer 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 explainvarious rules to you that you will need to know in to the trial. I will also order to do your job as the jury.It is my job to remain neutral on the issues ofthis lawsuit. Attorneys: The attorneys to whom I will introduce you have the job ofrepresentingtheir clients. That is,they speak for their client or clients here at the trial. They have taken oaths as attorneys to do their best and to follow the rules for their profession. Counsel: The attorneys on this side of the courtroom are Leo Manzanilla, Jonathan Plaintiff's Schwartz and Analise Perales represent YOANDRIS MIGUEL CASTELLANOS, who filed the lawsuit here at the courthouse. Their job is to present their clients' side of thingsto you. They and their clients will be referred to most of the time as "Plaintiffs." Defendant's Counsel: The attorneys ofthis side ofthe courtroom, Patricia Hamilton, represent, Citizens Property Insurance Corporation,the insurance company who has been sued. They and their clients will be referred to most ofthe time as "Defendants." Court Clerk The person sitting in front of me ( ) is the court clerk. He/she is here to assist me with some of the mechanics of the trial process, includingthe numbering and collection of the exhibits that are introduced in the course of the trial. Court Reporter: The person sitting at the stenographicmachine, ( ),is the court reporter. His/her job is to keep an accurate legalrecord of all everythingwe say and do during this trial. Courtroom Deputy The person over there,( ),is the Courtroom Deputy. His/her job is to maintain order and securityin the courtroom. The Courtroom Deputy is also my to the jury.Anything representative you need or any problems that come up for any during the course of the trial should be brought to him/her. However, the Courtroom Deputy cannot answer any of your 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 of you. The jury'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 opinions about the lawsuit. In order to have a fair and lawful trial, there are rules that all jurorsmust follow. A basic rule is only on the evidence presentedin the courtroom. You must not that jurorsmust decide the case communicate with anyone, includingfriends and family members, about this case, the people and placesinvolved, or your jury service. You must not disclose your thoughtsabout this case or ask for advice on how to decide this case. Iwant you to stress that this rule means you must not use electronic devices or computers to communicate about this case, includingtweeting,texting, blogging,emailing,posting information on a website or chat room, or any other this case or your jury service. You must not do any research or look up words, names [mapsl, or anythingelse that must have anythingto do with this case. This includes readingnewspapers, 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 or placesinvolved in this case. This applieswhether you are in the courthouse, at home, or anywhere else. All of us are depending on you to follow these rules,so that there will be a fair and lawful resolution to this case. Unlike questionsthat you may be allowed to ask in court, which will be answered judge and the parties, in court in the presence o f the research, or if you investigate, make inquirieson your own outside of the courtroom, the trial judge has no way to assure they are proper and relevant to the case. The partieslikewise have no opportunityto disputethe accuracy o f what you find or to provide rebuttal evidence to it. That is contrary to our judicial system, which assures every party the rightto ask questionsabout and rebut the evidence being 4 considered against it and to present argument with respect to that evidence. Given Given as modiM Denied Withdrawn 4 Florida Standard Jury Instructions 201.2 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 5 Voir Dire: The last thingI want to do, before we begin to select the jury,is to explainto you how the selection process works. This Questions/Challenges: is the part of the case where the partiesand their lawyers have the opportunityto get to know a littlebit 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 That is what is called a challenge believe that he or she might be unable to be fair and impartial. 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 their attorneys, and the parties, 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 personal affairs, but it is important that the partiesand their attorneys know enough about you to make this importantdecision. If a questionis 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 o f the 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 questionstruthfullyand completely and you must do so. Remaining silent when you have information you should disclose is a violation o f that 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 So, again,it is very importantthat you be as honest criminal penaltiesagainsta jurorpersonally. and complete with your answers as you possiblycan. If you don't understand the question, pleaseraise your hand and ask for an explanationor clarification. In sum, this is a process to assist the partiesand their attorneys to select a and impartial fair jury.All of the questionsthey ask you are for this purpose. If,for any reason, you do not think 5 you can be a fair and impartialjuror,you must tell us. Given Given as modiM Denied Withdrawn 5 Florida Standard Jury Instruction 201.3 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 6 Administer oath: 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 my intention to give you [all][most] of the rules of law but it might be that I will not know for sure all of the law that will apply in this case until all of the evidence is presented. However, can anticipate I most of the law and give it to you at the beginning of the trial so that you will better understand what to be lookingfor while the evidence is presented. If I later decide that different or additional law appliesto the case, I will tell you. In any event, at the end of the evidence I will give 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 6 you.< Given Given as modiM Denied Withdrawn 6 Florida Standard Jury Instruction 202.1 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO.7 Now that you have heard the law, I want to let you know what you can expect as the trial proceeds. Opening Statements: In a few moments, the attorneys will each have a chance to make what opening statements. In an opening statement, an attorney is allowed to give you are called [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 bringtheir witnesses and evidence to you. Evidence: Evidence is law allows you to see or hear in deciding the information that the 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 attorneys'questionsfor the jury.The answering of attorneys'questionsby witnesses is called "givingtestimony."Testimony means statements that are made when someone has sworn an oath to tell the truth. The lawyer will normally ask a witness the questionsfirst. That is called direct Plaintiff' s examination. Then the defense lawyer may ask the same witness additional questionsabout whatever the witness has testified to. That is called cross-examination. Certain documents or other evidence may also be shown to you duringdirect or cross-examination. After the plaintiff' s the defendant will have the opportunity witnesses have testified, to put witnesses on the stand and go through the same process. Then the plaintiff's lawyer gets to do cross-examination. The process is designed to be fair to both sides. importantthat 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 procedure when a question is asked of a witness. When that happens, one ofthe lawyers may make what is called an "objection."The rules for a trial can be complicated,and there are many reasons for attorneys 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 have any particular that I opinionother than that the rules for conductinga trial are being correctlyfollowed. If I say a questionmay 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 I need to speak to the attorneys about legalelements will of the case that are not appropriatefor the jury to hear. The attorneys and I will try to have as few of these conferences as possiblewhile you are giving us your valuable time in the courtroom. But, if we do have to have such a conference during testimony,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 trial are usuallycalled "recesses." During a recess you still have your duties as a jurorand 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 importantthat you remember these instructions to assist you in which evaluatingthe final attorney presentations, come next, and, sort through the evidence to reach your to help you correctly later,during your deliberations, decision. Closing Arguments: The attorneys will then have the opportunityto make their final presentationsto you, which are called closingarguments. 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 you hear the final jury instructions, you will go to the jury room and discuss and decide the questionsI have put on your verdict form. [You will have a copy of the jury instructions to use during your discussions.]The discussions you have and the decisions you make are usuallycalled "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 to Verdict: and we will all return to the courtroom where your verdict will be read. When that is the bailiff, completed,you will be released from your assignment as a juror. What are the rules? before Finally, we begin the trial,I want to give you justa 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 final opinionor telling anyone else your views on the case until you begin your deliberations. This rule requiresyou to keep an open mind until you have heard of the evidence and is designed to prevent you from all influencinghow your fellow jurorsthink until they have heard all of the evidence and had an opportunityto form their own opinions.The time and place for coming to your final opinions and speaking about them with your fellow jurorsis during deliberations in the jury room, after all of 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 deciding anything. 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 o f the judge and the lawyers.Doing anything else is wrong and is againstthe law. That means that you must not do any work or of your own about the investigation 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 readingnewspapers, 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 places mentioned in the trial or use the internet to look at maps or picturesto see any place discussed duringtrial. 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. Jurors must not have discussions of any sort with friends or family members about the case or the people and placesinvolved. So, do not let even the closest family members make comments to you or ask questionsabout the trial. In this age of electronic communication, I want to stress again that justas you must not talk about this case face-to-face, you must not about this case by using an electronic device. You must not use phones, tablets, talk 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,includingpostinginformation on an Internet website, chat room or blog. No Mid-Trial Discussions: When we are in a recess, do not discuss anything about 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 jurorsoutside ofthe courtroom and is only followingthe rules. The attorney is not 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 and answer the verdict questionsat the deliberate end of the trial. I will not intrude into your deliberations at all. I am requiredto be neutral. You should not assume that I preferone decision over another. You should not try to guess what my opinionis about any part of the case. It would be wrong for you to conclude that anythingI say or do means that I am for one side or another in the trial. Discussingand decidingthe facts is yourjob alone. Use of Cell Phones and Electronic Devices in the Courtroom and Jury Room: *The trial judge should select one of the followingtwo alternative instructions explaining the rules governing jurors' use of electronic devices, as explainedin Note on Use 3. Alternative A: [Allcell phones or other types of electronic devices must be turned off while you are in the courtroom. Turned offmeans that the phone or other electronic device is actually off and not in a silent or vibratingmode. You may use these devices during recesses, but even then you may not use your 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 recordingsof the proceedingsor your fellow jurors. After each recess, pleasedouble check to make sure your device is turned off. At the end of the case, while you are deliberating,you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers, or other electronic devices. If there are breaks in the deliberations, I allow you to communicate with your family or may friends,but do not communicate about the case or your deliberations. If someone needs to contactyou in an emergency, the court can receive messages and deliver them to you without delay. The court's phone number will be provided to you.I Alternative B: [You cannot have any phones, computers, or other electronic devices in cell the courtroom. You may use these devices duringrecesses, but even then you may not use your 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 your fellow jurors.At the end ofthe case, while you are deliberating, you must not communicate with anyone outside the jury room. If I may allow you to communicate with your family or there are breaks in the deliberations, friends,but do not communicate about the case or your deliberations. If someone needs to contactyou in an emergency, the court can receive messages and deliver them to you without delay. The court's phone number will be provided to you.]7 Given Given as modiM Denied Withdrawn 7 Florida Standard Jury Instruction 202.2 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 8 If you would you may do so. On the other hand, of during the trial, like to take notes course, you are not requiredto take notes if you do not want to. That will be left up to you individually. You will be provided with a note pad and a pen for use if you wish to take notes. Any notes that you take will be your personaluse. However, you should not take them with you from for the courtroom. During recesses, the bailiff will take possessiono f 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. do not get so involved in note-takingthat you become distracted from the If you take notes, Your notes should be used only as aids to your memory. proceedings. 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.8 Given Given as modiM Denied Withdrawn 8 Florida Standard Jury Instruction 202.3 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 9 Questionsfor the court or courtroom personnel: During the trial,you may have a questionabout these proceedings. If so, pleasewrite it down who will then hand it to me. I will review your questionwith the and hand it to the bailiff, parties[and their attorneys]before responding. Questionsfor 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 questioningof the witness,you should raise your hand if you have a question.I will then give who you sufficient time to write the questionon a piece of paper, fold it,and give it to the bailiff, will pass it to me. Do not put your name on the question,show it to anyone or discuss it with anyone. I questionwith the attorneys. Under our law, only certain evidence may be will then review the considered by a jury in determininga verdict. You are bound by the same rules of evidence that control the attorneys'questions.If I decide that the questionmay not be asked under our rules 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. By providingthis procedure,I do not mean to suggest that you must or should submit written 9 questionsfor witnesses. In most cases, the lawyers will have asked the necessary questions. Given Given as modiM Denied Withdrawn g Florida Standard Jury Instruction 202.4 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 10 The (describeitem of evidence)has now been received in evidence. Witnesses may testifyabout any other item of evidence duringthe remainder of the trial. This and all other or refer to this or items received in evidence will be available to you for examination duringyour deliberations at 10 the end ofthe trial. Given Given as modiM Denied Withdrawn 10 Florida Standard Jury Instruction 301.2 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 11 The (describeitem of evidence)has been received in evidence. It is being shown to you now to help you understand the testimony of this witness and other witnesses in the case, as well as the evidence as a whole. You may examine (describeitem of evidence)brieflynow. It will also be 11 available to you for examination during your deliberations at the end of the trial. ? Given Given as modiM Denied Withdrawn 11 Florida Standard Jury Instruction 301.3 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 12 a. Generally: This witness will be using (identifydemonstrative or visual aid(s))to assist in explaining or [his][her] testimony. The testimony of the witness is evidence; however, [this][these] illustrating demonstrative (identify or visual aid(s))[is][are] not to be considered as evidence in the case unless received in evidence, and should not be used as a substitute for evidence. Only items received in evidence will be available to you for consideration during your deliberations. b. created visual or demonstrative aids based on disputedassumptions: Specially This witness will be using (identifydemonstrative aid(s))to assist in explainingor illustrating [hisl [herl testimony. [Thisl [Thesel item[sl [hasl [havel been prepared to assist this witness in explaining [his][her]testimony.[It][They] may be based on assumptions which you are free to accept The testimony of the witness is evidence; however, [this][these](identifydemonstrative or or reject. visual aid(s))[is][are]not to be considered as evidence in the case unless received in evidence, and should not be used as a substitute for evidence. Only items received in evidence will be available to you 12 for consideration during your deliberations. Given Given as modiM Denied Withdrawn 12 Florida Standard Jury Instruction 301.4 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 13 The (describeitem of evidence)has now been received into evidence. It has been admitted only [for the purpose of (describepurpose)] [as to (name party)]. You may consider it only [forthat purpose] [as it might affect You (name party)]. may not consider that evidence [forany other purpose] [as to [any other 13 party][(name other party(s)]. Given Given as modiM Denied Withdrawn 13 Florida Standard Jury Instruction 301.5 PROPOSED JURY INSTRUCTION NO. 14 This is a case about TropicalStorm Isaias damaging the home ofthe Insured,YOANDRIS MIGUEL CASTELLANOS. On or about August 2,2020, the Plaintiffs contend that Tropical Storm damage the kitchen,bedrooms, office room, hallways,bathrooms interior and Isaias surroundingareas ofthe home. At all times, the Insured's residence was insured under a homeowners all risks The Defendant contends that an exclusion under the policy insurance policy. 14 appliesand no coverage exists for the Insured's damages. The policyo f insurance issued by Citizens Property Insurance Corporationcovers damages to the Castellanos' Residence as a result of a tropicalstorm. That is to say that any damages that you find were caused to the home by a cause covered under the policyare covered. 15 The partiesmust prove all claims and defenses by the greater weight ofthe evidence. In a homeowners policy like the one that the Insured purchased,the only obligationupon the Plaintiffis to show a loss occurred duringthe time the policywas in effect. Then, the burden moves to the Defendant to prove the existence of an exclusion for coverage. Given Given as modiM Denied Withdrawn 14 Supreme Court Committee on Standard Jury Instructions 16.1 15 Homeowner Analysis Treatises (1998) by Krauss, G., page 98, paragraph 7. This paragraph means that any ensuing loss to property described in Coverage A and Coverage B that is listed in 1. or 2. And not excluded or expected in this policy is covered. For example, if a pipe leaks and eventuallybursts because of wear and tear or deterioration, no coverage is provided to the plumbing system, however, coverage would be provided for the ensuing water damage to the dwelling. Similarly,if a thermostat malfunctions causing heat damage to a dwelling's wallpaper, car]?eting,wood, etc..., 1]2 coverage would be provided for the thermostat, however, coverage would be provided for " the ensuing heat damage.' PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 15 Plaintiff's claim is for breach of contract. To recover damages from Defendant for breach of contract, Plaintiffs must prove all ofthe following: 1. Plaintiff and Defendant entered into a contract; 2. Plaintiff did all,or all,of the substantially essential thingswhich the contract requiredthem to do; 3. All conditions requiredby the contract for Defendant's performance had occurred; 4. Defendant failed to do something essential which the contract requiredit to do. 16 5. Plaintiffwas harmed by Defendant's failure. It is not disputedthat Insured and Defendant entered into a contract to insure the excluded, of direct physicalloss of or Insured's property againstall risk,unless specifically damage to cover dwellingduring the period March 27,2020 to March 27,2021. Plaintiff has performed all conditions precedenton their part to be performed under the Contract and pursuant to Florida law or all such conditions precedenthave been waived or otherwise legallyexcused. In order to recover damages, the Plaintiffneed only prove that a loss 17 occurred to the Insured covered dwellingwhile the policywas in force. Defendant ? breached the contract by virtue of their failure to pay the Plaintiff all benefits owed after a direct physicalloss of or damage to their dwelling. Given Given as modiM Denied Withdrawn 16 Friedman v. New York Life Insurance Co., 985 So.2d 56,58 (Fla.4m DCA 2008)-, Marshall Construction, Ltd.v. Coastal Sheet Metal & Roofng Inc., 569 So.2d 845, 848 (Fla. 1StDCA 1990). 17 Castillo v. State Farm Florida Ins. Co., 97 1 So. 2d 820, 824 (Fla. 3'dDCA 2007), Hudson v. Prudential Prop. And Cas. Co., 450 So. 2d 565,568 (Fla.2nd DCA 1984). PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 16 .. "Greater weight of the evidence means the more persuasiveand convincing force and effect of 18 the entire evidence in this case. Given Given as modiM Denied Withdrawn 18 Florida Standard Jury Instructions 3.9. PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 17 In deciding this case, your duty as jurors [to decide the issues,and only those issues,that I it is submit for your determination][to answer certain questionsI ask you to answer on a specialform, called a verdict forml. You must come to an agreement about [your verdictl [what your answers will be. Your agreed-upon answers to my questionsare called your jury verdict]. The evidence sworn testimony of the witnesses,all exhibits received in in this case consists of the evidence [andl all facts that were admitted or agreed to by the parties[,and any fact of which the court has taken judicialnotice (explainas necessary)]. 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 thingsthat were not covered here. And, you must always apply the law 19 as I have explained it to you. Given Given as modiM Denied Withdrawn 19 Supreme Court Committee on Standard Jury Instruction 601.1 PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 18 If the greater weight o f the evidence does not support the claim o f Plaintiff then your 20 verdict should be for Defendant. However, if the greater weight o f the evidence does support the claim o f Plaintiff, then you should consider the defenses raised by Defendant. Given Given as modiM Denied Withdrawn 20 Florida Standard Jury Instruction M.I. 12.1(d). PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 19 The law recognizedthat sometimes, even though Plaintiff have met their burden of provingthat a contract exists,facts or circumstances may exist which could excuse Defendant from being liable to Plaintiff. Once the Plaintiff establishes that a loss occurred to a covered dwellingduringthe policyperiod,it is the Defendant's heavy burden to prove that the loss arose 21 from a cause which is excluded. The Plaintiff is not requiredto disproveany excluded clauses. 22 Instead,the Defendant must prove that one of the causation exclusions was the sole cause of 23 this loss. These facts or circumstances are called affirmative defenses. In this lawsuit,Defendant has raised and has the burden to prove their affirmative defenses. Plaintiff denies Defendant's affirmative defenses. Given Given as modiM Denied Withdrawn 21 Castillo v. State Farm Florida Ins. y? DCA 20047), Hudson v. Prudential Prop Co., 971 So. 2d 820, 824 (lfla. And Cas. Co., 450 So. 2d 565, 568 (Fla.2nd DCA 1984); Wallach v. Rosenberg 527 So. 2d 1386, 1389 (Fla.3"rd DCA 1988). 11 Id. 13 Id. PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 20 If you find for Defendant you will not consider the matter of damages. But, if you find for Plaintiff you should award Plaintiff an amount o f money that the greater weight o f the evidence shows will fairlyand adequatelycompensate them for such damage. You shall consider the followingelements: The cost to repairor replaceany direct physical loss of or damage to their property. Any loss that Plaintiff sustained by being deprivedof the use of their home as a result of the direct physicalloss of or damage to their dwelling. Plaintiff seek an award of the costs to repairor replacethe direct physicalloss or damage to their dwelling as damages for Defendant's breach of contract. Plaintiff also seeks an award for loss of use of their home as a result of the direct physicalloss of or damage to their dwelling. Given Given as modiM Denied Withdrawn PLAINTIFF'S PROPOSED JURY INSTRUCTION NO. 21 Members of the jury,you have now heard the evidence, my instructions on the law that all 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 all jurorsare present in the jury room. You will have in the jury room all of the evidence that was received during the trial. In reaching your decision,do not