Judges: CHARLES C. ADAMS
Agency: Department of Agriculture and Consumer Services
Latest Update: Apr. 13, 1978
Summary: The dispute here involves the alleged non-payment for watermelons that the Petitioners claim to have sold to the Respondent.Respondent owes Petitioners for watermelons grown and delivered but not paid for.
77-1826.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CURTIS SANDERS, WILEY GARLAND ) AND JOE TOWNSEND, )
)
Petitioner, )
)
vs. ) CASE NO. 77-1826A
)
GREAT LAKES PRODUCE OF )
FLORIDA, INC., )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, in the Commission Room, Suwanee County Courthouse, Ohio Avenue, Live Oak, Florida, beginning at 11:00 a.m., January 27, 1978.
APPEARANCES
For Petitioner: Curtis Sanders
630 Colonial Street Live Oak, Florida
Wiley Garland
632 Colonial Street Live Oak, Florida
Joe Townsend
Post Office Box 1505 Live Oak, Florida
For Respondent: Roger Serzen
c/o Great Lakes Produce of Florida, Inc. Post Office Box 11931
Tampa, Florida 33680 ISSUE
The dispute here involves the alleged non-payment for watermelons that the Petitioners claim to have sold to the Respondent.
FINDINGS OF FACT
The case is being considered in accordance with the provisions of Chapter 604, Florida Statutes, which establishes the apparatus for settling disputes between Florida produce farmers and dealers who are involved with the farmers' products.
Curtis Sanders, Wiley Garland and Joe Townsend, Florida farmers, contend by their complaint that two loads of watermelons grown and harvested in Florida, were sold directly to Great Lakes Produce of Florida, Inc. on the following dates, by the; following types, in the following weight amounts; at the following price per pound, and for the following total price per load:
July 11, 1977, Crimson Sweet Watermelons, 42,990 lbs. at .02, totaling $859.80
July 12, 1977, Crimson Sweet Watermelons, 46,620 lbs. at .02, totaling $932.40
Total for all loads $1,792.20
An examination of the testimony offered in the course of the Petitioners' contention.
The Repondent has not paid the $1,792.20 which it agreed to pay to the Petitioners and under the facts of the agreement it is obligated to pay the Petitioners.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction in this cause.
The facts establish that the Respondent owes the Petitioners $1,792.20 for watermelons it purchased.
RECOMMENDATION
It is recommended that the Respondent be required to pay the Petitioner
$1,792.20 for the watermelons it purchased from the Petitioners.
DONE AND ENTERED this 21st day of February, 1978, in Tallahassee, Florida.
CHARLES C. ADAMS
Hearing Officer
Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
L. Earl Peterson, Chief Bureau of License and Bond Division of Marketing Department of Agriculture and Consumer Services
Mayo Building
Tallahassee, Florida 32304
Curtis Sanders
630 Colonial Street Live Oak, Florida
Wiley Garland
632 Colonial Street Live Oak, Florida
Joe Townsend
Post Office Box 1505 Live Oak, Florida
Roger Serzen
c/o Great Lakes Produce of Florida, Inc. Post Office Box 11931
Tampa, Florida 33680
Docket for Case No: 77-001826
Orders for Case No: 77-001826
