IN RE: AMENDMENT TO FLORIDA RULE OF CIVIL PROCEDURE 1.280
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The Attorney General's motion for rehearing is denied.
The Attorney General filed a motion for rehearing regarding an amendment to Florida Rule of Civil Procedure 1.280. Justice Labarga previously dissente…
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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 Page Two
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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