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BINDING AGREEMENT: a conclusive agreement
BINDING INSTRUCTION: an instruction that directs the jury how to determine an issue in the case if certain conditions stated in that instruction are shown to exist.
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; ©
"As a preliminary matter, we pause to reiterate an elemental point: While our unpublished opinions "may be cited as persuasive authority," they "are not considered binding precedent." 11th Cir. R. 36-2. We have said so again and again, but it bears repeating. See United States v. Izurieta , 710 F.3d 1176, 1179 (11th Cir. 2013) ("Unpublished opinions are not binding precedent."); Ray v. McCullough Payne & Haan, LLC , 838 F.3d 1107, 1109 (11th Cir. 2016) ("In this Court, unpublished decisions ... are not precedential and they bind no one."). Accordingly, a district court shouldn't simply cite to one of our unpublished opinions as the basis for its decision without separately determining that it is persuasive. Here, the district court did just that — it treated Cawthorn as binding authority and failed to determine whether that decision correctly analyzed Florida law. See McNamara v. GEICO , 2020 WL 5223634, at *1, *3–4 (M.D. Fla. July 29, 2020) (agreeing that Cawthorn was "an intervening change of controlling law" and reflexively applying it to decide this case). For reasons we'll explain, Cawthorn didn't properly analyze Florida law, and the district court shouldn't have followed it."
"We hold that the decisions of the United States Court of Appeals for the Fifth Circuit (the "former Fifth" or the "old Fifth"), as that court existed on September 30, 1981, handed down by that court prior to the close of business on that date, shall be binding as precedent in the Eleventh Circuit, for this court, the district courts, and the bankruptcy courts in the circuit.

The old Fifth followed the absolute rule that a prior decision of the circuit (panel or en banc) could not be overruled by a panel but only by the court sitting en banc. The Eleventh Circuit decides in this case that it chooses, and will follow, this rule."
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