Miami-Dade Circuit Judge Scott Silverman has dismissed a civil fraud lawsuit punctuated during trial by a boss who sent text messages to his employee who was on the witness stand.

Sky chief executive officer Yizhak Toledano sent messages to the company’s chief financial officer, Gavin Sussman, while the judge and lawyers conferred in a sidebar conference at the bench. Silverman ordered a mistrial in May after learning from a spectator of the text messaging, and he dismissed Sky’s suit over the sale of a North Miami Beach condo tower with prejudice last week.