Case No. 1D01-2077.District Court of Appeal of Florida, First District.
Opinion filed January 23, 2003.
An appeal from the Circuit Court for Alachua County. Judge Chester B. Chance.
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. SeeCommonwealth 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).
BARFIELD, POLSTON, and HAWKES, JJ., CONCUR.
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