Florida District Courts of Appeal, 1991

CDR Marketing, Inc. v. Chopin

CDR Marketing, Inc. v. Chopin
Florida District Courts of Appeal · Decided February 6, 1991 · Garrett, Gunther, James, Walden
573 So. 2d 450; 1991 Fla. App. LEXIS 801; 1991 WL 11646 (Southern Reporter, Second Series)

CDR Marketing, Inc. v. Chopin

Opinion of the Court

PER CURIAM.

We reverse on the authority of Commonwealth Federal Savings and Loan Association v. Tubero, 569 So.2d 1271 (Fla. 1990). Because the trial court’s written order failed to contain an express finding that the defendant’s repeated failure to comply with discovery orders was willful, we remand for reconsideration of this issue. As the Florida Supreme Court said in Tubero, by insisting upon a finding of willfulness or its equivalent, there will be the added assurance that the trial judge has made a conscious determination that the noncompliance was more than mere neglect and inadvertence.

REVERSED AND REMANDED.

GUNTHER and GARRETT, JJ., and WALDEN, JAMES H., (Retired) Associate Judge, concur.

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