STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOE TOWNSEND, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1827A

)

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: 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 Petitioner claims to have sold to the Respondent.

FINDINGS OF FACT

1. 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.

   
   

2. Joe Townsend, a Florida farmer, contends by his complaint that one load of watermelons grown and harvested in Florida, was sold directly to Great Lakes Produce of Florida, Inc. as set forth below:

   
   

   July 9, 1977, Charleston Grey Watermelons,

   47,430 lbs. at .02, totaling $948.60

   
   

3. An examination of the testimony offered in the course of the hearing, supports the Petitioner's contention.

4. The Respondent has not paid the $948.60 which it greed to pay to the Petitioner and under the facts of the agreement it is obligated to pay the Petitioner.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction in this cause.

   
   

6. The facts establish that the Respondent owes the Petitioner $948.60 for watermelons it purchased.

RECOMMENDATION

It is Recommended that the Respondent be required to pay, the Petitioner 4 for the watermelons it purchased from the Petitioner.

DONE AND ENTERED this 25th 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:

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

L. Earl Peterson, Chief Bureau of License and Bond Division of Marketing Department of Agriculture and Consumer Services

Mayo Building

Tallahassee, Florida 32304

Docket for Case No: 77-001827

Orders for Case No: 77-001827