In Re: Amendment to Florida Rule of Civil Procedure 1.280

Supreme Court of Florida
THURSDAY, FEBRUARY 8, 2024

In Re: Amendment to Florida SC2021-0929
Rule of Civil Procedure 1.280

The Attorney General’s motion for rehearing is hereby denied.

MUÑIZ, C.J., and CANADY, COURIEL, GROSSHANS, FRANCIS, and
SASSO, JJ., concur.
LABARGA, J., specially concurs with an opinion.

LABARGA, J., specially concurring.

Because the existing Florida Rules of Civil Procedure were

sufficient to address abusive discovery tactics, I dissented to the

adoption of new rule 1.280(h), which extended the apex doctrine to

the private sector. In re Amend. to Fla. Rule of Civ. Proc. 1.280, 324

So. 3d 459, 464-67 (Fla. 2021) (Labarga, J., dissenting).

While I adhere to my dissent in that case as well as my dissent

to this Court’s order allowing the new rule to remain as originally

adopted, I agree that the standard for rehearing has not been met in

this matter. Thus, I concur in the denial of rehearing.
CASE NO.: SC2021-0929
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A True Copy
Test:

SC2021-0929 02/08/2024

SC2021-0929 02/08/2024

SO

Served:
JOSHUA E. DOYLE
HEATHER S. TELFER
JENNIFER MARIE VOSS
CHRISTOPHER J. BAUM
JUDSON LEE COHEN
WILLIAM W. LARGE
HON. ASHLEY MOODY
FRANK CRUZ-ALVAREZ
ROBERT L. CHRISTIE
HENRY C. WHITAKER
KANSAS R. GOODEN
DANIEL B. ROGERS
DANIEL W. BELL
CHRISTOPHER G. BURNS
JOHN W. HOGAN