IN RE: Amendment to Florida Rule of Civil Procedure 1.280 (2023)

LABARGA, J., dissents with an opinion.

In 2021, despite the robust discovery framework set forth in the Florida Rules of Civil Procedure, the majority concluded that there was a need for additional protections against abusive discovery tactics in the private sector. To that end, the majority unilaterally adopted new Florida Rule of Civil Procedure 1.280(h), which extended the “apex doctrine” to the private sector and granted special discovery protections to top-level corporate decision makers. See In re Amend. to Fla. Rule of Civ. Proc. 1.280, 324 So. 3d 459 (Fla. 2021).

I dissented to the majority's unilateral action because the existing Florida Rules of Civil Procedure were adequate to address the majority's concerns about abusive discovery tactics—and the rules remain adequate to do so. Id. at 464-65 (Labarga, J., dissenting). As such, I continue to deem the adoption of rule 1.280(h) unwarranted.

I respectfully dissent to today's order because the majority, having considered the comments filed in response to the adoption of rule 1.280(h), has determined that the rule should remain as originally adopted.

A True Copy

Test:

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

LABARGA, J., dissenting.

MUÑIZ, C.J., and CANADY, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.