No, not the 1959 album by Dinah Washington featuring the hit single by the same name! [You do remember the song, don’t you?!?]Oh, well, in any event, the contract provision in dispute provided a set number of days within which a party was to make a payment. The final payment day fell on a Saturday. Payment was made on the following Monday. Was it timely? You’ll have to read the Second District Court of Appeal opinion, Metro Development Group, L.L.C. v. 3D-C & C, Inc., et. al, 2006 Fla. App. LEXIS 13029 [Fla. 2nd DCA 2006] to find out! Although the opinion does not involve mediation, the agreement drafting lessons to be learned make reading this opinion worthwhile.
Remember, Florida’s Rules for Certified and Court-Appointed Mediators, Rule 10.420(c) Conduct of Mediation, Closure, provides:
The mediator shall cause the terms of any agreement reached to be memorialized appropriately and discuss with the parties and counsel the process for formalization and implementation of the agreement. [Emphasis added.]
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