Judge Axes Case, Awards Legal Fees for Texting Witness at Trial
A Florida judge who declared a mistrial earlier this year after a company CEO texted an executive about his testimony during a brief trial break has now imposed additional sanctions over the incident.
Describing the texting by Sky chief executive officer Yizhak Toledano as “underhanded and calculated to undermine the integrity of this court and the legal process,” Miami-Dade Circuit Judge Scott Silverman dismissed the civil fraud case brought by Sky over the sale of a South Florida condominium building, reports the Daily Business Review.
Silverman also is requiring Sky to pay the defendant an as-yet-undetermined amount of attorney fees and costs, the article states.
“Regretfully, plaintiff through its unacceptable conduct has reached into the court’s quiver of sanctions, drawn the bowstring taut and aimed the arrow at the heart of its own case. This court has justifiably released the string,” Silverman wrote in an Aug. 11 dismissal order.
Earlier coverage:
ABAJournal.com: “Judge Calls Mistrial for ‘Absolutely Outrageous’ Texting by Witness”
