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3rd DCAOctober 2, 2024Petition Granted; Order Quashed⭐ Notable

McLane Foodservice, Inc. v. Wool

Case No. 3D2024-0566

In a negligence suit, the trial court compelled the deposition of McLane's current President despite her affidavit disclaiming unique personal knowledge. The Third District granted certiorari and quashed the order, holding that once the corporate officer's high-level status and a sufficient affidavit are established under Rule 1.280(h), the plaintiff must show exhausted, inadequate discovery and unique personal knowledge — and the plaintiff here never deposed the other employees identified as more knowledgeable.

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