¶1The trial court’s order of dismissal is REVERSED, and the case is REMANDED to the trial court for an explicit determination whether the plaintiffs failure to attend the mediation conference was willful. See Commonwealth Federal Savings and Loan Association v. Tubero, 569 So.2d 1271 (Fla.1990); Tiller v. Straub Capital Corp., 800 So.2d 364 (Fla. 4th DCA 2001); Swindle v. Reid 242 So.2d 751 (Fla. 4th DCA 1971).
835 So. 2d 353
Smith v. Wal-Mart, Inc.
District Court of Appeal of Florida
Decided January 23, 2003
District Court of Appeal of Florida · decided 2003-01-23
Relies on 569 So. 2d 1271 - Commonwealth Fed. Sav. & Loan Ass'n v. Tubero · 242 So. 2d 751 - Swindle v. Reid · Tiller v. Straub Capital Corp.
Decided 2003-01-23