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CDR MARKETING, INC. v. CHOPIN

No. 89-2873.

573 So.2d 450 (1991)

CDR MARKETING, INC., a Florida Corporation and Brittany Pga, Inc., a Florida Corporation, Appellants, v. L. Frank CHOPIN and Susan G. Chopin, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

February 6, 1991.

Attorney(s) appearing for the Case

H. Bryant Sims, West Palm Beach, for appellants.

William E. Corley, III of Cadwalader, Wickersham & Taft, Palm Beach, for appellees.

PER CURIAM.

We reverse on the authority of Commonwealth Federal Savings and Loan Association v. Tubero, 569 So.2d 1271 (Fla. 1990). Because the trial court's written order failed to contain an express finding that the defendant's repeated failure to comply with discovery orders was willful, we remand for reconsideration of this issue. As the Florida Supreme Court said in Tubero, by insisting upon a finding...

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