Tuesday, April 25, 2006

“It Ain’t Over Till It’s Over!”

Quick – who said that? If you answered Yogi Berra you were correct [good job] in your thinking! However, that Yogiism was actually something a bit different. What he really said was “You’re never out of it ‘til you’re out of it” in regard to the 1973 National League pennant race. How is this related to mediation? The First District Court of Appeal case of Quinlan v. Ross Stores, et al., 2006 Fla. App. LEXIS 5849 [Fla. 1st DCA 2006] held that because the contingencies to the final settlement set forth in the Mediation Settlement Agreement had not occurred, the trial judge was correct in denying appellant’s Motion to Enforce a Proposed Settlement Agreement [i.e., a final and enforceable agreement was never made]. All to say, “it ain’t over till it’s over”!

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