Fraud Case Dismissed on the Eve of a Trial
We successfully represented an attorney, who is also and accountant, in the litigation, at the trial, and on appeal, in a fraud and breach of fiduciary duty case. On the eve of trial, and with the jury empaneled and the trial about to start, we convinced the judge that the case against our client had to be dismissed. The basis of our request for dismissal was in a written motion we made to the judge detailing how destruction of a computer, containing evidence favorable to our client, required dismissal of the entire case. The judge agreed, and case was ended against our client, at that stage, but the other parties proceeded to trial.
After the trial, the other side appealed, claiming that the dismissal of the case against our client was improper. We argued the cutting edge issue as to the computer’s destruction by the son of the other party, but not by the party himself. We showed the facts as to how the son was a lawyer and was acting in concert with his father. The appeals court agreed, and kept the dismissal of the case intact.