STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LYMAN WALKER, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2217A

)

1. PAGANO & SONS, INC., )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, at Room 103, Collins Building, Tallahassee, Florida, beginning at 9:30 a.m., February 1, 1978.

   
   

   APPEARANCES

   
   

   For Petitioner: Jon D. Caminez, Esquire

   1030 East Lafayette Street, Suite 101

   Tallahassee, Florida 32301

   
   

   For Respondent: Maurice Pagano

   59 Brooklyn Terminal Market Brooklyn, New York 11236

   
   

   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. Lyman Walker, a Florida farmer, contends by his complaint that five loads of watermelons grown and harvested in Florida, were sold directly to Mr. Pagano & Sons, Inc., in the person of Maurice Pagano, 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:

      
      

      1. June 2, 1977, small Charleston Gray Watermelons, 51,550 lbs. at .03-1/2, totaling $1,804.00

      2. June 2, 1977, Charleston Grey Watermelons, 47,440 lbs. at

         .03-1/2, totaling $1,660

      3. June 7, 1977, Charleston Grey Watermelons, 47,850 lbs. at .02, totaling $957

      4. June 7, 1977, Charleston Gray Watermelons, 49,190 lbs. at .02, totaling $983

      5. June 8, 1977, Charleston Grey Watermelons, approximately 46,000 lbs. at .02, totaling $920

         
         

         Total for all loads $6,325.

         
         

   3. An examination of the testimony offered in the course of the hearing, supports the Petitioner's contention. The facts in this case also show that Maurice Pagan, acting in behalf of the Respondent gave money to the Petitioner for having the watermelons loaded for shipment. That amount was $2,500, and when deducted from the $6,325 total price leaves a balance owing to the Petitioner of

      $3,825.

      
      

   4. The Respondent has not paid the $3,825 which it agreed to pay to the Petitioner and under the facts of the agreement it is obligated to pay the Petitioner.

      
      

   5. One final matter should be dealt with and that pertains to the approximation of the weight of the June 8, 1977, load. The figure used is an approximation, because the Respondent's representative at the loading in Florida, Phil Pepper, took that load away and failed to return the weight ticket. This caused the Petitioner to have to approximate the weight and the approximation is accepted in determining the amount which the Respondent owes the Petitioner.

      
      

      CONCLUSIONS OF LAW

      
      

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

      
      

   7. The facts establish that the Respondent owes the Petitioner $3,825 for Watermelons it purchased and did not pay for completely.

RECOMMENDATION

It is recommended that the Respondent be required to pay the Petitioner

$3,825 for watermelons it purchased from the Petitioner.

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:

Jon D. Caminez, Esquire 1030 East Lafayette Street Suite 101

Tallahassee, Florida 32301

Maurice Pagano

59 Brooklyn Terminal Market Brooklyn, New York 11236

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: 77-002217

Orders for Case No: 77-002217