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RECET RELEASES - FLORIDA SUPREME COURT - October 20
Civil procedure -- Proposal for settlement -- Attorney's fees -- An offer of settlement is not invalid for failing to state, as required under Rule of Civil Procedure 1.442(c)(2)(F), whether the proposal includes attorney's fees and whether attorney's fees are part of the legal claim, where attorney's fees are not sought in the pleadings
Criminal law -- Murder -- Death penalty -- Post conviction relief -- Intellectual disability -- Error to summarily deny Rule 3.851 motion to vacate sentence of death, raising claim of intellectual disability -- Defendant is entitled to new evidentiary hearing as to his claim of intellectual disability, because his prior evidentiary hearing was directed toward satisfying the former definition of intellectual disability and was reviewed by circuit court with the former IQ score cutoff rule in mind -- Defendant's prior hearing was conducted under standards he could not meet because he did not have an IQ score below 70, a fact which may have affected his presentation of evidence at the hearing
Insurance -- Homeowners -- Sinkhole claim -- Florida Insurance Guaranty Association liability -- The statutory definition of “covered claim” effective on the date of an insurer's adjudication of insolvency determines the scope of FIGA's liability to insureds for sinkhole loss -- Statutory provision limiting FIGA's monetary obligation to the amount of actual repairs for a sinkhole loss precludes an insured from obtaining an appraisal award determining the amount of loss in accordance with the terms of the homeowners policy