Supreme Court of Florida
                 THURSDAY, NOVEMBER 2, 2023

In Re: Amendment to Florida                            SC2021-0929
Rule of Civil Procedure 1.280


     The Court has considered the comments concerning Florida
Rule of Civil Procedure 1.280, which was amended in the opinion
issued August 26, 2021. As no further amendments to the rule are
warranted at this time, this case is hereby final.

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

LABARGA, J., dissenting.

     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, 

 (Fla. 2021).
CASE NO.: SC2021-0929
Page Two

     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. 

 (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:



SC2021-0929 11/2/2023



SC2021-0929 11/2/2023


SO
Served:
JOSHUA E. DOYLE
HEATHER S. TELFER
JENNIFER MARIE VOSS
CHRISTOPHER J. BAUM
CASE NO.: SC2021-0929
Page Three

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