SYBAC SOLAR, GMBH, f/k/a SYBAC SOLAR, AG, a Foreign Corporation, Petitioner, v. 6th STREET SOLAR ENERGY PARK OF GAINESVILLE, LLC, Respondent., 217 So. 3d 1068

Summary

ISSUE: Whether a corporate borrower was entitled to depose a particular individual as a corporate representative in furtherance of the corporate borrower's counterclaim for defamation against a corporate lender based on the individual's alleged statements. HOLDINGS: [1]-It was a departure from the essential requirements of Fla. R. Civ. P. 1.310(b)(6) to require the individual to testify as the corporate lender's corporate representative regarding matters on which the individual and the corporate lender had adverse interests. The trial court should have considered whether, as argued by the corporate lender, the individual's interests were so adverse to the corporate lender's that he would not have been an appropriate corporate spokesperson.