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 Courts 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.