Supreme Court of Florida 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

A True Copy Test: 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