WALDEN v. ADEKOLA

No. 3D00-13.

773 So.2d 1218 (2000)

Karen WALDEN, Appellant, v. Professor Abel ADEKOLA and The District Board of Trustees of Miami-Dade Community College, Appellees.

District Court of Appeal of Florida, Third District.

December 13, 2000.


Attorney(s) appearing for the Case

Roderick D. Vereen, Miami, for appellant.

Hinshaw & Culbertson and Karen A. Brimmer, Miami, and Paula J. Phillips, Coral Gables; Kneski & Kneski and Peter Kneski, Miami, for appellees.

Before COPE, GERSTEN and GODERICH, JJ.


COPE, J.

Karen Walden appeals an order dismissing her lawsuit for failure to obey discovery orders. We conclude that for procedural reasons, we must remand the case to the trial court for further consideration.

Plaintiff-appellant Walden correctly points out that the dismissal order does not contain a finding that she willfully failed to obey the discovery orders. The Florida Supreme Court has said:

Except where mandated by statute or rule, we are...

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