Afriyie v. Friend, 51 Fla. L. Weekly D880 (Fla. Apr. 29, 2026):

The court entered default judgment against the defendant on January 7, 2026, awarding $454,166 in actual damages plus treble damages. The damages were unliquidated and awarded without an evidentiary hearing.

After that judgment was entered, the petitioner filed a notice of appeal at 9:07 am on the morning of February 6, 2026. At 10:30 on that same morning, the trial court entered a discovery order which extended expired pre-judgment discovery for sixty days, and also compelled the petitioner, a New York resident, to appear in person for a deposition in Miami-Dade County, followed by a scheduling order which set the deposition at defense counsel’s office and prohibited any objection to the date or location.

The appellate court granted certiorari and quashed both orders. It advised that once the court enters final judgment, it loses the ability to order discovery aimed at the merits in the case in chief.” Aside from Rule 1.290(b) (to preserve testimony) and Rule 1.560 (discovery in aid of execution) which were not implicated in this case, the trial court lacks jurisdiction to compel a deposition under these circumstances.