Sky Development, Inc. v. Vista View Development, Inc., 35 Fla. L. Wkly D1478 (Fla. 3d DCA July 7, 2010)

In this case of modern day witness tampering, the CFO of Sky Development, Inc. first passed a witness a note during the deposition, for which he was admonished, then, at trial, during a sidebar, sent the same witness two text messages advising him on his testimony.  After discovering the text messages, the trial court immediately declared a mistrial.  Vista View then moved for dismissal, which the court granted, with prejudice.

The 3d DCA upheld the dismissal, finding that the CFO’s conduct was a “blatant showing of fraud, pretense, collusion, or other similar wrongdoing.”  See Laurore v. Miami Auto Retail, Inc., 16 So.2d 862, 864 (Fla. 3d DCA 2009).

Sky Development, Inc. v. Vista View Development, Inc., 35 Fla. L. Wkly D1478 (Fla. 3d DCA July 7, 2010)