Dismissal For Fraud On The Court: Witness Tampering

Sky Development, Inc v. Vistaview Development, ___ So. 3d ___, 35 Fla. L. Weekly D1478 (Fla. 3d DCA 7/7/10)

The appellate court affirmed the dismissal of the plaintiff’s complaint for fraud on the court based upon witness tampering.  During a deposition, the CFO passed a note to a manager while the manager was testifying and, during trial, the sole shareholder of the corporation sent text messages to the CFO while the CFO was on the witness stand.