Judges: CHARLES C. ADAMS
Agency: Department of Agriculture and Consumer Services
Latest Update: Mar. 30, 1978
Summary: The dispute here involves the alleged non-payment for watermelons that the Petitioner claims to have sold to the Respondent.Respondent is required to pay Petitioner for watermelons.
78-0238.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
THOMAS SCOTT, SR., )
)
Petitioner, )
)
vs. ) CASE NO. 78-238A
)
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
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.
Thomas Scott, Sr., a Florida former, contends by his complaint that three loads of watermelons grown and harvested in Florida, were sold directly to Mr. Pagano & Sons, Inc., in the person of Maurice Pagnao, 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:
June 4, 1977, Crimson-Sweet Watermelons, 48,860 lbs., at .03 totaling $1,465.80
June 4, 1977, Crimson Sweet Watermelons, 48,530 lbs., at .03 totaling $1,455.90
June 8, 1977, Crimson Sweet Watermelons, approximately 48,000 lbs., at .02 totaling $960.00
Total for all loads $3,081.70
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 Pagano, acting in behalf of the Respondent, gave money to the Petitioner for having the watermelons loaded for shipment. That amount was $500 and when deducted from the $3,881.70 total price leaves a balance owing to the Petitioner of $2, 381.70.
The Respondent has not paid the $2,381.70 which it agreed to pay to the Petitioner and under the facts of the agreement it is obligated to pay the Petitioner.
One final matter should be delt 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
The Division of Administrative Hearings has jurisdiction in this cause.
The facts establish that the Respondent owes the Petitioner Petitioner
$2,381.70 for watermelons it purchased and did not pay for completely.
RECOMMENDATION
It is recommended that the Respondent be required to pay the Petitioner
$2,381.70 for the 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
Earl Peterson, Chief Bureau of License and Bend Division of Marketing Department of Agriculture and Consumer Services
Mayo Building
Tallahassee, Florida 32304
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
THOMAS SCOTT, SR., )
)
Petitioner, )
)
vs. ) CASE NO. 78-238
)
PAGANO & SONS, INC., )
)
Respondent. )
)
ERRATUM
Those places in the Findings of fact which indicate the amount $500, should be corrected to read $1,500.
DONE AND ENTERED this 23rd 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: 78-000238
Orders for Case No: 78-000238
