Smith v. Wal-Mart, Inc.

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 plaintiffs 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.