Florida Supreme Court Revises Proposal for Settlement Rule, 1.442 (among others)
The Court amended Rule 1.442(c)(2)(B), which previously provided that “A proposal shall…identify the claim or claims that the proposal is attemting to resolve.”
Under the amendment,”A proposal shall…state that the proposal resolves all damages that would otherwise be awarded in a final judgment in the action in which the proposal is served, subject to subdivision (F);”
The Committee Notes explain “2013 Amendment. Subdivision (c)(2)(B) is amended to clarify that a
proposal for settlement must resolve all claims between the proponent and the party to whom the proposal is made except claims for attorneys’ fees, which may or may not be resolved in the proposal.”
The full text of the amendments can be found at http://www.floridasupremecourt.org/decisions/2013/sc13-74.pdf
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