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Smith v. Wal-Mart

District Court of Appeal of Florida, First District
Jan 23, 2003
835 So. 2d 353 (Fla. Dist. Ct. App. 2003)
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Summary

contemplating dismissal as an appropriate sanction when failure to attend mediation is willful

Summary of this case from Alvarez v. Citizens Prop. Ins. Corp.
See 1 Summary

Opinion

Case No. 1D01-2077.

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. 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).

BARFIELD, POLSTON, and HAWKES, JJ., CONCUR.

Summaries of

Smith v. Wal-Mart

District Court of Appeal of Florida, First District
Jan 23, 2003
835 So. 2d 353 (Fla. Dist. Ct. App. 2003)

contemplating dismissal as an appropriate sanction when failure to attend mediation is willful

Summary of this case from Alvarez v. Citizens Prop. Ins. Corp.
Case details for

Smith v. Wal-Mart

Case Details

Full title:CAROLYN T. SMITH, Appellant, v. WAL-MART, INC., Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jan 23, 2003

Citations

835 So. 2d 353 (Fla. Dist. Ct. App. 2003)

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