CDR MARKETING, INC., A FLORIDA CORPORATION AND BRITTANY PGA, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
L. FRANK CHOPIN AND SUSAN G. CHOPIN, HIS WIFE, APPELLEES
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The former wife appealed a nonfinal order dissolving a stay of proceedings and determining Florida jurisdiction, and petitioned for a writ of prohibition. The appellate court affirmed the order dissolving the stay and denied the petition.
The appellate court affirmed the trial court's order granting the motion to set aside the stay, finding Florida jurisdiction was appropriately deferred to Louisiana, and denied the petition for a writ of prohibition.
Following a dissolution and stipulation allowing the wife to move with children to Louisiana, both parties initiated proceedings in Louisiana and Flor…
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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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Citator
Authorities Cited
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)