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 majoritys unilateral action because the existing Florida Rules of Civil Procedure were adequate to address the majoritys 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 todays 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.