John Afriyie v. Louis Friend

Summary

The Florida Third District Court of Appeal granted a petition for writ of certiorari challenging orders compelling and scheduling the petitioner’s deposition after entry of a final default judgment. The court held that the trial court lacked authority to order post-judgment discovery in the case in chief and quashed the challenged orders.

Holdings

1. Once a final judgment is entered, the trial court loses the ability to order the party against whom judgment has been entered to sit for deposition in the case in chief and is limited to ordering discovery for purposes of execution, subject to specific exceptions not at issue here.
2. The petition for writ of certiorari should be granted and the February 6, 2026 Discovery Order and February 19, 2026 Scheduling Order quashed.

Questions Presented

1. Whether the trial court retained authority, after entering a final judgment, to compel the judgment debtor to sit for deposition in the case in chief.
2. Whether the trial court could extend expired pre-judgment discovery after entry of the final judgment.
3. Whether the post-judgment discovery orders were reviewable and correctable by writ of certiorari.

Disposition

quashed