SMITH v. WAL-MART, INC.,

No. 1D01-2077.

835 So.2d 353 (2003)

Carolyn T. SMITH, Appellant, v. WAL-MART, INC., Appellee.

District Court of Appeal of Florida, First District.

January 23, 2003.


Attorney(s) appearing for the Case

Carolyn T. Smith, pro se.

Brent F. Bardley, Kinsey, Troxel, Johnson & Walborsky, Pensacola, and Jeffrey P. Gill, Vernis & Bowling of NW Florida, Pensacola, for Appellee.


PER CURIAM.

The trial court's order of dismissal is REVERSED, and the case is REMANDED to the trial court for an explicit determination whether the plaintiff's 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...

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