Division of Administrative Hearings, Florida
Filed: Feb. 19, 2004
The issues to be resolved in this proceeding concern whether the Respondent, Above All Lawn Care & Landscaping, Inc. (Above All), should be required to pay the sum of $7,129.05 to the Petitioner for landscape plants and materials allegedly purchased by the Respondent from the Petitioner, and, with regard to the Hartford Fire Insurance Company, whether it should be obligated for the payment of the plants and materials in question to the extent of its surety bond number 2 1BSBBU 6765 (the Bond), in the bonded amount of $4,999.00.Respondent failed to appear. Petitioner showed preponderant evidence that the amount due for the sale of nursury stock and freight had never been paid and was due and owing. Recommend petition be upheld.