Judges: SHARYN L. SMITH
Agency: Department of Agriculture and Consumer Services
Latest Update: Dec. 24, 1980
Summary: The issue that came on for hearing in this case is whether the Respondent, Quality Melon Sales, Inc., properly accounted for produce either sold or cosigned by the Petitioner, Agro House Farms.Respondent owes Petitioner for agricultural products for which it contracted but did not pay for.
80-1453.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
AGRO HOUSE FARMS, INC., )
)
Petitioner, )
)
vs. ) CASE NO. 80-1453A
)
QUALITY MELON SALES, INC., ) and HARTFORD ACCIDENT & INDEMNITY ) COMPANY, )
)
Respondents. )
)
RECOMMENDED ORDER
Pursuant to Notice, the Division of Administrative Hearings, through it's duly designated Hearing Officer, Sharyn L. Smith, conducted a formal hearing in this proceeding in Orlando, Florida, on November 12, 1980. The following Appearances were entered:
APPEARANCES
For Petitioner: William H. Fulford, Jr.
Agro House Farms, Inc. Post Office Box 1106 Umatilla, Florida 32784
For Respondent: Richard A. Wagner, Esquire
Rodgers Wagner & Satava Suite 405, Metcalfe Building
100 South Orange Avenue Orlando, Florida
ISSUE
The issue that came on for hearing in this case is whether the Respondent, Quality Melon Sales, Inc., properly accounted for produce either sold or cosigned by the Petitioner, Agro House Farms.
FINDINGS OF FACT
The Petitioner though its authorized representatives, entered into an oral agreement with Mr. Mack Fulmer, President and General Manager of Quality Melon Inc. to buy or a quality of cucumbers remaining in Petitioner's Greenhouse.
At the time of the oral agreement, neither the Petitioner nor the Respondent discussed the brokerage fee due the Respondent on the sale of such cucumbers.
On or about the time of the brokerage agreement, the Respondent entered into negotiations with the Petitioner regarding the sale and/or management of Petitioner's business.
The Respondent was sent five shipments of cucumbers by the Petitioner which were sold in the Canadian market.
On each of these shipments, the Petitioner was charged a brokerage fee of from $1.00 to $1.60 per box of produce sold.
The Respondent charges a minimum of $1.00 per box for packing and handling produce.
The first shipment of cucumbers were not sold on account but were purchased by the Respondent from Mr. John Shirley. the Petitioner's Manager.
The Respondent agreed to pay five dollars a box for the initial shipment of cucumbers.
After receipt of the initial shipment the Respondent contacted Mr. Shirley and requested a $1.00, credit per box which was agreed to.
The four subsequent shipments of cucumbers were sold on account rather than purchased outright by the Respondent.
On the first shipment, Invoice #1159, the Petitioner is entitled to
$1,580.00 for 395 boxes of cucumbers @ $4.00 per box rather than the $3.50 per box paid by the Respondent.
On Invoice #1159, the difference between the amount paid and owed is
$197.50. ($1,580.00 - $1,382.50 = $197.50.
The accounting on the remaining Invoices Numbers 1160, 1161, 1162 and 1163 is correct and represents the amount the Respondent received from the produce minus brokerage, handling and shipping charges ranging from $1.00 to
$1.60 per box.
As part of the final accounting the Respondent set off certain charges for items bought by the Petitioner which included for rolls of plastic, seeds, a cash advance, transportation for tires, four phone calls, fertilizer and an attorneys fee. At the final hearing, the Petitioner agreed to all of the charges except the attorneys fee in the amount of $400.00.
The claim for the attorneys fee arose out of a separate transaction involving the sale of the business to the Respondent.
This deduction was not authorized by the Petitioner and is not entitled to be set off by the Respondent except pursuant to an order of a court of competent jurisdiction.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.
Pursuant to Section 604.21(4), the Department of Agriculture and Consumer Services has a duty to determine the amount of indebtedness due a complainant.
The facts as set forth above, establish a present indebtedness of
$197.50 on Invoice #1159, $400.00 attorneys fee, which were not an authorized deduction and $89.88 on checks already issued.
The total amount due the Petitioner is $687.38.
RECOMMENDATION
Upon consideration of the foregoing, it is RECOMMENDED:
That the Department enter an order finding that the Petitioner is due the amount of $687.38 from the sale of the agricultural products which were the subject of this administrative proceeding.
DONE and ORDERED this 26th day of November, 1980, in Tallahassee, Florida.
SHARYN L. SMITH, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 26th day of November, 1980.
COPIES FURNISHED:
William H. Fulford, Jr. Agro House Farms, Inc. Post Office Box 1106 Umatilla Florida 32784
Richard A. Wagner, Esquire Rodgers Wagner & Satava
Suite 405, Meltcalfe Building
100 South Orange Avenue Orlando, Florida
Robert A. Chastain, Esquire General Counsel
Department of Agriculture and Consumer Services Mayo Building
Tallahassee, Florida 32301
Docket for Case No: 80-001453
Orders for Case No: 80-001453
| Issue Date |
Document |
Summary |
|
Dec. 18, 1980 |
Agency Final Order
|
|
|
Nov. 26, 1980 |
Recommended Order
|
Respondent owes Petitioner for agricultural products for which it contracted but did not pay for.
|
