IN RE: AMENDMENT to Florida Rule of Civil Procedure 1.280 (2024)

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.

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., specially concurring.

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