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SOUTH DADE PRODUCE, INC. vs E.A.T. FRESH PRODUCE, INC., AND CONTINENTIAL CASUALTY COMPANY, 00-001924 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001924 Visitors: 20
Petitioner: SOUTH DADE PRODUCE, INC.
Respondent: E.A.T. FRESH PRODUCE, INC., AND CONTINENTIAL CASUALTY COMPANY
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Agriculture and Consumer Services
Locations: Homestead, Florida
Filed: May 08, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 22, 2000.

Latest Update: Dec. 25, 2024
W Florida Department of Agriculture & Consumer Services : ; ee é BOB CRAWFORD, Commissioner Poo tse ED The Capitol * Tallahassee, FL 32399-0800 00 WAY -8 PHI2: 16 Bureau of Lylzase Re Re eataee ole fa | ire IVE Mayo Building iS ik 'GS ve Tallahassee, FL 32399-08608 1NGS March 21, 2000 (850) 922-0153 CERTIFIED MAIL E.A.T. Fresh Produce, Inc. 2508 S.W. 14" Terrace Pahokee, FL 33476 RE: South Dade Produce, Inc., Complainant, vs E.A.T. Fresh Produce, Inc., Respondent, Continental Casualty Company, as Surety, Co-Respondent. Gentlemen: Enclosed please find Notice of Filing of a Complaint, a copy of the executed complaint with. documentary evidence attached, and a copy of the Agricultural Bond and License Law, Sections 604.15-34, Florida Statutes. Also find enclosed copies of our form L & B 14, Answer of Respondent, which you may use in presenting your response to the matters complained of. It is not mandatory that you use this form, as what response you present is up to you. However, should you use our form, please furnish us with an original and two copies after they have been properly executed. fou Sincerely, BOB CRAWFORD COMMISSIONER OF AGRICULTURE Gnd OR yy Brenda D. Hyatt BDH/p Chief Enclosures i cc: Mr. Raphael Impellizzeri & Field Representative Fresh Florida Florida Agriculture and Forest Products $53 Billion for Florida’s Economy shee battle albelie we wie en see Florida Department of Agriculture & Consumer Services _.. BOB CRAWFORD, Commissioner The Capitol ¢ Tallahassee, FL 32399-0800 po way -8 PRE Pleas se rae om MIS Mayo Building Tallahassee, FL 32399-0800 March 21, 2000 (850) 922-0153 CERTIFIED MAIL Continental Casualty Company CNA Plaza Chicago, IL 60685 RE: South Dade Produce, Inc., Complainant, vs E.A.T. Fresh Produce, Inc., Respondent, Continental Casualty Company, as Surety, Co-Respondent. Gentlemen: _ Enclosed please find Notice of Filing of a Complaint, a copy of the executed complaint with documentary evidence attached, and a copy of the Agricultural Bond and License Law, Sections 604.15-34, Florida Statutes. Please refer to Section 604.21, F.S. which provides for the handling and processing of complaints. In the event a surety is deemed responsible for payment of claims filed under the License and Bond Law, you are reminded all proceeds are to be paid only to the Commissioner of Agriculture as __ Obligee on the bond for our distribution to successful Complainants as provided in ~ Section 604.21 (8). As Co-Respondent and Surety for the Respondent, it is the position of this Department that you have a right to file an Answer in this matter within the time prescribed. However, such Answer is not deemed necessary. You are also entitled to request a hearing in the matter ‘Fresh’ Florida Florida Agriculture and Forest Products. $53 Billion for Florida’s Economy Ned Wd t ‘ 4 . Continental Casualty’ Company Page 2: & March 21, 2000 ; and such request, if made, should be styled according to the information contained i in the Notice of Filing of a Complaint. Sincerely, BOB CRAWFORD COMMISSIONER OF AGRICULTURE Brenda D. Hyatt Chief BDH/p Enclosures ce: E.A.T. Fresh Produce, Inc., 2508 S.W. 14" Terrace, Pahokee, FL 33476 * Mr. Raphael Impellizzeri, Field Representative wv - FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SE ices | D BOB CRAWFORD, COMMISSIONER 00 MAY -8 PHIos Tg 1 s DIV are IK ADM HIS Ain RE: South Dade Produce, Inc., P.O. Box 900134, Homestead, FL 33090, CompibARNGS Ss E.A.T. Fresh Produce, ‘Tne., 2508 S. w. 14% Terrace, Pahokee, FL 33476, Licensed as a Dealer in Agricultural Products under License Number 6641, Supported by Bond Number 159196382 in the amount of $75,000, written by Continental Casualty Company, as Surety, Inception Date April 9, 1999, Expiration Date April 8, 2000, Date of Execution March 17, 1999, Respondent, _ Continental Casualty Company, CNA Plaza, Chicago, IL 60685, as Surety, Co-Respondent. AMOUNT OF COMPLAINT: $35,512.10 TO: E.A.T. Fresh Produce, Inc., 2508 S.W. 14" Terrace, Pahokee, FL 33476 Continental Casualty Company, CNA Plaza, Chicago, IL 60685 NOTICE OF FILING OF A COMPLAINT The Complainant identified above, an Agent for producers of Florida agricultural products has filed a complaint i in the amount shown with the Commissioner of Agriculture under the xe provisions of the the Agricultural Bond i and License La Law, Sections 5 604. 1s. 34, Florida | ; Statutes. Enclosed is a copy of the complaint with documentary evidence submitted to support said complaint. You are requested to submit your response to the complaint in writing to the Bureau of License and Bond, Mayo Building, Tallahassee, Florida 32399-0800, within twenty-one days from receipt of this mailing setting forth one of the following: (a) an admission that the complaint is valid, (b) a denial that the complaint is valid, (c) satisfaction of sede ene te oe ° ° matters complained of, supported in writing and signed by Complainant. If the Respondent ‘ 1 fails to answer the complaint within the time specified above, the Surety as Co-Respondent should state its defenses, if any, in writing and attach documentary evidence which would support such defenses. Any party whose substantial interests are determined by this agency proceeding may request a hearing within twenty-one days from receipt of this notice, pursuant to © Chapter 120, Florida Statutes. Such a request should be mailed to the Florida Department of Agriculture and Consumer Services, , Mayo Building, Tallahassee, FL 32399- 0800, and © should contain the name and address of the party requesting the hearing and a reference to this Notice of Filing of a Complaint. BOB CRAWFORD COMMISSIONER OF AGRICULTURE Brenda D. Hyatt Chief I certify that a copy hereof has been furnished to E.A.T. Fresh Produce, Inc., 2508 S.W. 14" Terrace, Pahokee, FL 33476 and Continental Casualty Company, CNA Plaza, Chicago, IL 60685, by United States certified mail with return receipt requested this day of , 2000. Brenda D. Hyatt c - Chief cc: South Dade Produce, Inc., P.O. Box 900134, Homestead, FL 33090 Mr. Raphael Impellizzeri, Field Representative j i A Lae ie lial Re ABS, le. oni MB cl a i 10. ] ew FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES BOB CRAWFORD, COMMISSIONER MOE BUREAU OF LICENSE AND BOND - DIVISION OF MARKETING MAYO BUILDING, TALLAHASSEE, FLORIDA 32399-0800 COMPLAINT 4 Complainant :_Scarbn Dado Predisco |WO. 4/b/a/ AS (Agent ) (Individual, Partners, Corp., Co-op.) Address: P.O. BOY QOOIRY Vemembant FL BsnQo__so8-aS-400 Street City State Zip Code Telephone Complainant's federal employer identification or social security number: (5069699 Respondent: EAN Eran oer YO g mina «d/b/a (Dealer) (Individual, Partners, Corp.) Address: QSOS SO \bLy Vorrace, Pahokee, FL SRM FAAAMo-ASH1 Street City State Zip Code Telephone Co-Respondent. Con nonia \ Casuol\\a Co , as Surety for Respondent. (Surety) Address: A Piaza_, CiIncans L &’Ooess Street City State Zip Code Telephone STATE OF — \ONAG COUNTY OF t YAO Before me personally appeared Nackach Saclieeo for complainant who being duly sworn, deposes and says that the respondent named above is justly indebted te said complainant, who, as an agent for the producer(s) hereinafter named, sold to said respondent Florida-grown agricultural products by said producer(s). The indebtedness results from_respondent‘s failure to properly make payment and/or accounting as required ) | W “16. PLEASE MAKE A STATEMENT OUTLINING THE“ VARIOUS STEPS IN THE TRANSACTION(S) INCLUDING EFFORTS OF COMPLAINANT TO EFFECT SETTLEMENT: ae AGor TEpeled COMeErTahOrS fer paymarh with Tin, JoEE Thomas yiattod EA Fron w Pahotoe FL Ahiecbime CHA nnoirces We. YOu EMO RL Ox : Sas an mnie Ord SRose WKOK came to 4KO Samo amoork Of Praduck Oded WO US \WOre- Cradiheds oof HWS WGS On OF AOE Tanvary aS. 2000 We. SKiopad ook on \osst loach, PA many Wo halon wade. On GAS GH So. Balanswa ALO, Soryonad Calls + Gyes Were Asn A WE HOV Lor “TELA OGR AML PayMOrss , (CONTINUE ON SEPERATE PAGE, IF NECESSARY) The producers of agricultural commodities involved in this complaint are as follows: 17. Date of Sale Name of “producer Address Commodity Amount 1 Dyamonck Toa : Sh 986.00 __ta\ldad _O8\_ Dramnonch 1 Fans — _Saycsts WSS an oS af — DotastSate Ow, Reduck, (Pree. per cunt Wak Eaccmme MPR SO. BW — shale MO ARS ONPG Bile. MOB B-LO . ce ee BO UFEYSN S60 MK. RSL GO Nuke - BB POO OR BS IND. Asien. B04 BOO MB BO 20.00 _laleas st Ss sqky BLO at _ NOD... CN NAS GSES SS.00 ote te eset ene ABQ Zoro Sm 8:00 0.09 AOD. Zoom 3.00 300.00 1155 06 “va \olas_ U28\ 0 eS POR MeO MISE SO SO eh ule SD. NRO BANE-KC : alate. ARS GO ole kd OO” tee a BS MPCB Rw UWULO6 BRO oe _\aisslee_ BWR BO BukoSm BLD HOD _lalaaa 333 aD Bute Sm F.&8 \ID.00 ee 8. 130 Zale Sn B60 Woo fo ot Beas Old 3a30 1S). So kao Fey BS BIN SO so POR ISS WB SO_ Glo Toles * a 38 1a. ite) He it 1 i | t fo ak . V ad | Vata Glo | Dane of reducer — Address _ Commodi. mney VANIAG Awl | Biomech Fas . AW.00 | a oo Sa Sey 58800 foe eden wenn ent | Raley Ton Serene ROAR salaalan as Rolph Tons mee BS ytanlad sate Domed SE SE (SSC _ Raley Tori Te. ce PER BESS valasled Mo. Demet SGP Mee I ene RANT OR TR NRE CRRA | lsc, SUB Reale Don Se eB Nolen 3 : __MR@O WABAQ. TSS Mh] RST 7 __ BustessSonS. _ Zales SE i ul : - a - Zula Sin LCO.c - Tang Nonidge cs nae ennteen SHES o 7 Mh a Soot valulas “ROl Me Fare ROR } _YOwAN. Borek oe Bes IMHO co neces Temes Borat. co eo \alehag “Sa ralpalen a) ang. jabnlea mass ow \alas laa 1368. valk TuOe : Gadde’ Kd a . _Sals Reckag,. nee Flat Bears MPG R yb. ol 33-9 (AES Votes § 35,512.10 ay | . J . J _ BOO LW. Krome Awe. Badr AES So — FAomcaa | at et 3203} a . Bure eA ce Fhe Chur. FL “esos NEN Fer _. _ VS 22. SW. Nat. ona ne Bustos & Sony Vo AB BS, - Homesianch, a BSO30° i ~The en tp Oe 958300 SD). a LD. Princeton , YL Bs08R ee a =: Sunny. ooth Produce a oe oe a RS ot MET es ee mst EL BsSOQD : 7 oo. 8 ONO Rone ik. ne — AWNGS S00 B36 SE . ee Saco ~ . ee Beaty, YA a SWLUs Feckung 30003 sw (ATAW — PO Bey (RB “Ys FL 32030. emmokoloe FL. S384 vai aU a eR i tk AM Rl i kk St ee No discounts.or. Allowances ‘esl be accepted: without avalid Credit Slip issued ‘and approved: by so . . _ SOUTH atte PRODUCE, INC. PO. ‘BOX 900134 . FI - HOMESTEAD, FL 33090 . BETor 7 mt a ve Ship To: - ; i | HOE EAT /FreshProduée 9° . E.AT. Fresh Produce ai Ni $ ee IVE 2508SW. 14th. Teaco) 2508 S.W. 14th. Terrace -ARINGS Pahokee, F-33476: Pahokee, FI 33476 - "Order iD Ship Via Trailer Lic. “ 99.000087 ™ Units "460 Crates Medium:Strait Neck Squash 160 Total Packages - f- 57 “ * f TERMS NET 21-2% FINANCE CHARGE AFT ER 30 DAYS .. . ies. ae on nithis i invoice are sold subject to the statutory trust ‘ | icultural Commodities Act, 1930 (7 U.S.C. 499e(¢))"The seller of these : commodities, retains. a trust.claim:over these. commodities, all inventories of food:or other: products derived from these o fia ont ofour bust and’an receivables or’ proceeds from the sale of these. commodities until full’ payment is received: In’, ‘costs of recovery. “i will ‘seek to recover reasonable attomey’s foes and. the..cc PRODUCE, INC. ‘No grade. contract, PAGA Good Delivery Standards. .. . PLEASE | RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT. — Generated sing PRODUCE fore WINDOWSS by aero Computing Ge. ae. SOP-G92-1439 : in je event that this account is refered for collection fe disbursements and 1 attomn “No ‘discounts ¢ or - PRODUCE; -ING.;No grade: contract; PACA Good Delivery. Standards... cen “BEAT: Fresh Produce - 2508 SW. 'tath: Terce. 2508 'S.W: 14th. Terrace. v-Bahokee, Fl SB4TB oe ay, Pahokee, Fl’ 33476: ns USA 180 Each: Fancy Cook Neck Squash , / 190: Total Packages TERMS NET 21 - 2% FINANCE CHARGE AFTER 30 DAYS. you Wilk ‘be: responsible to, pay ‘all expenses, costs; fees which we incur. ee on this invoice. are. sold subject to; thé ‘statutory trust. tr trust autborized by. - nmodities Act, 1830 Use aoe) ecm 3 imodities, all inventories’of foodor'o tS di llowances wi pted without a valid Credit sip issued and approved by SOUTH DADE - ~ PLEASE RET URN ONE(1) COPY OF THIS INVOICE WITH PAYMENT ~ : eer ing HCD for WINDOWsE- by Caton Coxaputing O2.; ie sbowoitaes3. - : \ : . ; "Pte, SOUTH lseeDE PRODUCE, INC. A : fos P.O. BOX 900134 INVOICE - HOMESTEAD, FL 33090 ; 99-000 89-0 fied D Ae: Hloesopy jo, I6 OV js . eo Bill To: Ship To: Hi oT E.A.T. Fresh Produce E.A.T. Fresh Produce nad 2508 S.W. 14th. Terrace . 2508 S.W. 14th. Terrace : Pahokee, Fl 33476 Pahokee, F! 33476 USA USA ; FOB Order ID Your PO Salesperson Date Shipped Ship Via Trailer Lic. Temp. Terms 99-000089 KEVIN 07-Dec-99 Net due 21 days Units Item Description Unit Price Extended Price. 200 Cartons Hand Picked Beans ; $16.60 $3,320.00 200 Total Packages Total: . $3,320.00 ... TERMS NET 21 - 2% FINANCE CHARGE AFTER 30 DAYS In the event that this account is refered for collection you will be responsible to pay all expenses, costs, disbursements and attorneys' fees which we incur. ; ; — a. The perishable agricultural commodities listed on this invoice are sold subject to the statutory trust authorized by section 5 (c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. In the event of our trust claim, we will seek to recover reasonable attorney's fees and the costs of recovery. No discounts or Allowances will be accepted without a valid Credit Slip issued and approved by SOUTH DADE PRODUCE, INC. No grade contract, PACA Good Delivery Standards. PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT Generated using PRODUCE --for= WINDOWS© by CanCom Computing Co., Inc. 509-891-1453 epee emery meee | , ! | ‘ wate bes be, SL ete soututape PRODUCE, INC. ¥ . P.O. BOX 900134 INVOICE HOMESTEAD, FL 33090 99-000125 a Date: 22-Dec-99 Bill To: Ship To: E.A.T. Fresh Produce : E.A.T. Fresh Produce 2508 S.W. 14th. Terrace 2508 S.W. 14th. Terrace Pahokee, Fl 33476 Pahokee, Fl 33476 USA . USA FOB Order ID Your PO Salesperson Date Shipped ShipVia Trailer Lic. Temp. Terms 99-000125 6089 . KEVIN 11-Dec-99 Net due 21 days Units item Description Unit Price | Extended Price 200 Crates Machine Picked Green Bean's AN 4 20 GO $14.60 $2,920.00 _— 400 Crates Fancy Strait Neck Squash $6.00 $2,400.00 600 Total Packages Total: $5,520.00 In the event. ; and attorneys’ fees which we incur. - The perishable agricultural commodities listed on this invoice-are sold subject to the statutory trust authorized by section 5 (c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. In the event of our trust claim, we will seek to recover reasonable attorney's fees and the costs of recovery. No discounts or Allowances will be accepted without a valid Credit Slip issued and approved by SOUTH DADE PRODUCE, INC. No grade contract, PACA Good Delivery Standards. PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT Generated using PRODUCE ~for-- WINDOWS© by CanCom Computing Co,, Inc. 509-891-1453 a A i A A 4 * PRODUCE, INC. No grade contract, PACA Good Delivery Standards souThdADE PRODUCE, INC. ad _—' : P.O. BOX 900134 I N V OICE HOMESTEAD, FL 33090 99-000134 Date: 22-Dec-99 Bill To: Ship To: E.A.T. Fresh Produce E.A.T. Fresh Produce 2508 S.W. 14th. Terrace . 2508 S.W. 14th. Terrace Pahokee, FI 33476 Pahokee, Fl 33476 USA USA . FOB Order ID Your PO Salesperson Date Shipped Ship Via Trailer Lic. Temp. Terms 99-000134 KEVIN 13-Dec-99 Net due 21 ; days Units Item Description a Unit Price Extended Price 160 Crates Fancy Strait Neck Squash $6.00 $960.00 30 Crates Medium Strait Neck Squash $4.30 $129.00 ) q) —— . 190 Total Packages Total: $1,089.00 : Se pe eee TERMS NET 21 - 2% FINANCE CHARGE AFTER 30 DAYS In the event that this account i and attorneys' fees which refered for collection you will be responsible to pay all expenses, costs, disbursements The perishable agricultural commodities listed on this invoice are sold Subject to the statutory trust authorized by'section 5 (c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. In the event of our trust claim, we will seek to recover reasonable attorney's fees and the costs of recovery. No discounts or Allowances will be accepted without a valid Credit Slip issued and approved by SOUTH DADE PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT - Generated using PRODUCE --for-- WINDOWS© by CanCom Computing Co., Inc, 509-891-1453 Renee tale wl ike INVOICE | 99-000146 Date: 22-Dec-99 SOUTH DADE PRODUCE, INC. __ P.O. BOX 900134 HOMESTEAD, FL 33090 Bill To: Ship To: E.A.T. Fresh Produce 2508 S.W. 14th. Terrace Pahokee, Fl 33476 USA : : . Order iD Your PO Salesperson Date Shipped 99-000146 KEVIN 14-Dec-99 Units : Item Description 225 Crates Machine Picked Green Bean's 120 Crates Fancy Strait.Neck Squash 345 Total Packages E.A.T. Fresh Produce 2508 S.W. 14th. Terrace Pahokee, Fl 33476 USA Trailer Lic. Temp. oa oa Ship Via Unit Price $14.60 $6.00 Total: ? : ; TERMS NET 21 - 2% FINANCE CHARGE AFTER 30 DAYS In the event that this account is refered for collection you will be responsible to pay all expenses, costs, disbursements and attorneys’ fees which we incur. FOB Terms Net due 21 days Extended Price $3,285.00 $720.00 $4,005.00 - _ The perishable agricultural commodities listed on this invoice are sold subject to the statutory trust authorized by section 5 (c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, ail inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. In the event of our trust claim, we will seek to recover reasonable attorney's fees and the costs of recovery. . No discounts or Allowances will be accepted without a valid Credit PRODUCE, INC. No grade contract, PACA Good Delivery Standards. PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT Generated using PRODUCE —for-- WINDOWS© by CanCom Computing Co., Inc. 509-891-1453 Slip issued and approved by SOUTH DADE —_— SOUTH ADE PRODUCE, INC. J P.O. BOX 900134 ~ INVOICE HOMESTEAD, FL 33090 —99-000166 Date: 31-Dec-99 Bill To: Ship To: E.A.T. Fresh Produce E.A.T. Fresh Produce 2508 S.W. 14th. Terrace 2508 S.W. 14th. Terrace Pahokee, Fi 33476 Pahokee, Fl 33476 USA USA FOB Order ID Your PO Salesperson Date Shipped Ship Via Trailer Lic. Temp. Terms 99-000166 KEVIN 16-Dec-99 Net due 21 . ; days — Units Item Description a Unit Price Extended Price 80 Crates Fancy Strait Neck Squash $6.60 $528.00 35 Crates Medium Strait Neck Squash i $4.60 $161.00 50 Crates Machine Picked Green Bean's ; $14.60 — $730.00 165 Total Packages Total: $1,419.00 ; woo > TERMS NET 21 - 2% FINANCE CHARGE AFTER 30 DAYS ; In the event that this account is refered for collection you will be responsible to pay all expenses, costs, disbursements and attorneys’ fees which we incur. The perishable agricultural commodities listed on this invoice are sold subject to the statutory trust authorized by section 5 (c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. In the event of our trust claim, we will seek to recover reasonable attorney's fees and the costs of recovery. No discounts or Allowances will be accepted without a valid Credit Slip issued and approved by SOUTH DADE PRODUCE, INC. No grade contract, PACA Good Delivery Standards PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT Generated using PRODUCE --for-- WINDOWS© by CanCom Computing Co., Inc. 509-891-1453 —_ souTHtepE PRODUCE, INC. ad P.O. BOX 900134 | I N V OICE HOMESTEAD, FL 33090 99-000195 Date: 31-Dec-99 Bill To: : : Ship To: E.A.T. Fresh Produce E.A.T. Fresh Produce 2508 S.W. 14th. Terrace 2508 S.W. 14th. Terrace Pahokee, Fl 33476 Pahokee, Fl! 33476 USA USA ; FOB Order ID Your PO Salesperson Date Shipped Ship Via Trailer Lic. Temp. Terms 99-000195 2827 KEVIN 22-Dec-99 Net due 21 . days . Units Item Description a Unit Price Extended Price 225 Crates Machine Picked Green Bean's $8.60 $1,935.00 225 Total Packages Total: . $1,935.00 TERMS NET 21 - 2% FINANCE CHARGE AFTER 30 DAYS In the event that this account is refered for collection you will be responsible to pay all expenses, costs, disbursements and attorneys’ fees which we incur. The perishable agricultural commodities listed on this invoice are sold subject to the statutory trust authorized by section 5 (c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. In the event of our trust claim, - we will seek to recover reasonable attorney's fees and the costs of recovery. No discounts or Allowances will be accepted without a valid Credit Slip issued and approved by SOUTH DADE PRODUCE, INC. No grade contract, PACA Good Delivery Standards. : PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT Generated using PRODUCE ~-for-- WINDOWSO. by CanCom Computing Co., Inc. 509-891-1453 lil Hh _.. souTH BADE PRODUCE, INC. — P.O. BOX 900134 . INVOICE HOMESTEAD, FL 33090 99-000226 Date: 04-Jan-00 Bill To: . Ship To: E.A.T. Fresh Produce E.A.T. Fresh Produce 2508 S.W. 14th. Terrace 2508 S.W. 14th. Terrace Pahokee, Fl 33476 ; Pahokee, Fl 33476 USA , USA . : FOB Order [D Your PO Salesperson Date Shipped Ship Via Trailer Lic. Temp. Terms 99-000226 KEVIN 27-Dec-99 . Net due 21 : : : . days Units Item Description a Unit Price Extended Price 400 Crates § Machine Picked Green Bean's $8.60 $860.00 80 Crates Fancy Strait Neck Squash — $5.60 $448.00 180 Total Packages Total: $1,308.00 TERMS NET 21 - 2% FINANCE CHARGE AFTER 30 DAYS for Collection you will be responsible to pay all experises, costs, disbursements ig § listed on this invoice are Sold subject to the statutory trust authorized by section 5 (c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. In the event of our trust claim, we will seek to recover reasonable attorney's fees and the costs of recovery. No discounts or Allowances will be accepted without a valid Credit Slip issued and approved by SOUTH DADE PRODUCE, INC. No grade contract, PACA Good Delivery Standards. PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT Generated using PRODUCE --for-- WINDOWS® by CanCom Computing Co., Inc. 509-891-1453 souTHt ADE PRODUCE, INC. — P.O. BOX 900134 HOMESTEAD, FL 33090 Bill To: EAT. Fresh Produce 2508 S.W. 14th. Terrace Pahokee, Fi 33476 i USA j Order ID Your PO Salesperson Date Shipped ! 99-000240 6144 KEVIN 28-Dec-99 Units Item Description 126 Crates Machine Picked Green Bean's 30 Crates = Fancy Strait Neck Squash 156 Total Packages 1 NET 24 - 2% FINANC Ship To: E.A.T. Fresh Produce 2508 S.W. 14th. Terrace Pahokee, Fl 33476 USA Ship Via Trailer Lic. Lt” a HARGE AFTER 30 DAYS. INVOICE 99-000240 Date: 31-Dec-99 FOB Temp. Terms Net due 21 . days — Unit Price Extended Price $8.60 $1,083.60 $5.60 $168.00 Total: $1,251.60 uthorized by: section 5 (c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a “trust claim over these commodities, all inventories of food or other products derivéd from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. In the event of our trust claim, we will seek to recover reasonable attorney's fees and the costs of recovery. No discounts or Allowances | accepted without a ‘valid Credit” Slip issued and approved by SOUTH DADE PRODUCE, INC. No grade contract, PACA Good Delivery Standards. ~ PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT Generated using PRODUCE --for- WINDOWS© by CanCom Computing Co., Inc. $09-891-1453 P.O. BOX 900134 HOMESTEAD, FL 33090 Bill To: E.A.T. Fresh Produce 2508 S.W. 14th. Terrace Pahokee, Fl 33476 USA Order ID YourPO Salesperson Date Shipped 008000313 : KEVIN 04-Jan-00 Units Item Description 200 Crates Machine Picked Green Bean's 200 Total Packages ALG vO SOUTKSADE PRODUCE, INC. ed . INVOICE | 008000313 Date: 10-Jan-00 Ship To: E.A.T. Fresh Produce 2508 S.W. 14th. Terrace Pahokee, Fl 33476 USA FOB "Ship Via Trailer Lic. Temp. Terms Net due 21 days Unit Price Extended Price $7.35 $1,470.00 Total: $1,470.00 TERMS NET 21 - 2% FINANCE CHARGE AFTER 30 DAYS In the event that this account is refered for collection you will be responsible to pay all expenses, costs, disbursements and attorneys’ fees which we incur. The perishable agricultural commodities listed on this invoice are sold subject to the statutory trust authorized by section 5 (c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. In the event of our trust claim, we will seek to recover reasonable attorney's fees and the costs of recovery. No discounts or Allowances will be accepted without a valid Credit Slip issued and approved by SOUTH DADE PRODUCE, INC. No grade contract, PACA Good Delivery Standards. PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT Generated using PRODUCE ~-for-- WINDOWS© by CanCom Computing Co., Inc, 509-891-1453 SOUTHD. . PRODUCE, INC. P.O”BOX 900134 ad INVOICE HOMESTEAD, FL 33090 00S000319 Date: 10-Jan-00 Bill To: Ship To: E.A.T. Fresh Produce E.A.T. Fresh Produce 2508 S.W. 14th. Terrace : 2508 S.W. 14th. Terrace Pahokee, Fl 33476 : Pahokee, Fl 33476 USA USA FOB Order ID Your PO Salesperson Date Shipped Ship Via Trailer Lic. Temp. Terms 00S000319 KEVIN 05-Jan-00 Net due 21 days Units : Item Description , a Unit Price Extended Price 200 Crates § Machine Picked Green Bean's $8.60 $1,720.00 200 Total Packages’ : Total: $1,720.00 “TERMS NET 21- 2% FINANCE CHARGE AFTER 30 DAYS In the event ‘that this ‘account is refered for collection you will be responsible to pay all expenses, costs, disbursements and attorneys’ fees which we incur. The perishable agricultural commodities listed on this invoice are sold subject to the statutory trust authorized by section 5 (c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. In the event of our trust claim, we will seek to recover reasonable attorney's fees and the costs of recovery. No discounts or Allowances will be accepted without a valid Credit Slip issued and approved by SOUTH DADE PRODUCE, INC. No grade contract, PACA Good Delivery Standards. PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT Generated using PRODUCE ~-for-- winpowse by CanCom Computing Co., Inc, 509-891-1453 a SALES (305) 245-8400 - FAX (405)242-9494 Bil To: - _ P.O..Box 95 ‘SOUTH DADE PRODUCE, INC. _» P.O; BOX 900134 - HOMESTEAD, FI, 33090 E. A.T. Fresh Produce, Inc. Fairfield, NC 27826 USA . Order ID 99-007154 Units “75 Cartons 100 Cartons = 120 Cartons 100 Cartons “Your PO” Salesperson ~ Date Shipped. - . Mf, Kem Description “* “Crook Neck Yellow Squash = Fancy’ = 9° 2 ts ‘Crook Neck Yellow Squash - Medium Zucchini Squash - Small Zucchini Squash - Medium ‘395 Total Packages in the event that this account is refered for collection you wi Ss Wh st disbursements and No discounts 6r Allowa PRODUCE, INC. No'g fi » 1S-Dec89 COPY OF THIS INVOICE WITH PAYMENT. B —for-- WINDOWSO Lorna 99-007154 Date: 03-Jan-00°* ° Ship To: :. E. AT. Fresh Produce, inc. < P.O. Box 95. Fairfield, NC 27826 USA . FOR Ship Via Trailer Lic, _ Temp. Terms : Netdue21 re - days __. Unit Price Extended Price. $3.60 $270.00 $5.85 $585.00 . $5.00 $600.00 $3.00 $300.00 Total: $1,755.00 _ + vw : w _ SOUTH DADE PRODUCE, INC. INVOICE aoe. FL 33090 -gggors0i Date: 27-Dec-99 : Ship To: ie . i - EAT. Fresh Produce, Inc. .O. Box . ro P.O. Box 95 Fairfield, NC 27826 a "Fairfield, NC 27826 USA USA 7 7 ‘ FOB OrderID “ YourPO — Salesperson Date Shipped ShipVia._ Trailer Lic. Terms 99-007201 i —selt 16-Dec-99 Oe 4 Net due 21 : . ake ok otk days Units tem Description. " Unit Price Extended Price 168 Crates | Green Beans - “Hand | Picked $16.60 . $2,788.80 50 Cartons Zucchini Squash - Small $8.60 $430.00 218 Total Packages a Total: $3,218.80 ue TERMS NET 4 ce Bh FINANCE. CHARGE AFTER 50 DAYS | — In the event that this acc: disbursements and attorneys" fees which we incur The perishable agricultural commod ies ‘listed on this i invoice are sold subjectto the statutary trust ‘authorized a by section 5 (C) of the Perishable Agriciiltufal Corfimodities Act, 1930 (7 U.S.C. 499¢e(c)). The seller of these col Amodities rétains a trust claim over ‘thesé.commodities, alt inventories of food or other: products derived from these ‘commodities, and any receivables’ or proceeds from the sale of these commodities until full payment is received. in the event of our trust claim, we. > will seek to recover ‘reasonable attomey's | fees i No discounts or Allowances will be accepted without a valid Credit Slip issued and F proved by SOUTH DADE PRODUCE, INC, No grade: contract, PACA, Good | Delivery § Standatds — : ‘PLEASE RETURN ‘ONE(1) COPY OF THIS INVOICE WITH PAYMENT .7 ! ~ Generated using PRODUCE --for-- WINDOWSO by CanCom Computing Co., Ine. 509-891, 1453 i 1 _ & SOUTH DADE PRODUCE, INC. _ P.O: BOX 900134 SALES (305) 245-8400 - FAX (305)242-9494 Deas BiH To: : €. A.T. Fresh Produce, Inc P.O. Box 95 > Fairfield, NC 27826 -USA © Salesperson » Date Shipped Order tD -99-007252 __ deff 20Dec-99. 60 Cartons - Zucchini Squash - Medium “35 Crates Green Beans - Machine Picked. 95 TotalPackages — INVOICE Date: 28-Dec-99 “ shipto: de E. AT. Fresh Produce, Inc. Een P.O. Box 95 . Fairfield, NC 27826 USA FOB. Ship Via Trailer Lic. / Temp. = Terms - ts: Netdue 21 . days Unit Price Extended Price - $6.60 .- $396.00 $12.60 $441.00 7 Total: $837.00 e oe TERMS NET 21 - 2% FINANCE CHARGE AFTER 30 DAYS - In the event that this account i is. refered. for ‘collection you will be © responsible to pay ail_expenses, ox costs, disbursements attorneys’ fees which We. incur. ultural commodities listed on this invoioe ar are sold subject to the statutory trust authorized. by F rishable. Agricultural Commodities Act, 4930 (7 U.S‘C: 499e(c)). The sellerof.these. _. i ‘over ‘these commodities, all inventories of food or other products derived from these No discounts or ‘Allowances. will be se secepted without a a valid Credit Siip issued and approved by SOUTH DADE PRODUCE, INC. No gra co ntra ‘ACA Good Delivery Staridards.” 5. ; PLEASE RETURN ONE(1) COPY. OF THIS INVOICE WITH PAYMENT ° Gesiceted using PRODUCE +-for— WINDOWSO by CenCom Computing Co., Ine. .§05-891-1453 oe i kk te - ed SOUTH DADE PRODUCE, INC. P.O. BOX 900134 INVOICE HOMESTEAD, FL 33090 : 99-007278 SALES (308) 245-8400 - FAX (305)242-9494 os Date: 28-Dec-99 Bill To: Ship To: E. A.T. Fresh Produce, Inc. ©. A.T. Fresh Produce, inc. P.O. Box 95 P.O. Box 95 Fairfield, NC 27826 Fairfield, NC 27826 USA USA FOB Order ID Your PO Salesperson Date Shipped Ship Via Trailer Lic. Temp. Terms 98-007278 2827 Jeff 22-Dec-99 Net due 21 days Units item Description Unit Price Extended Price 80 Cartons Straight Neck Yellow Squash - Fancy $6.00 - $480.00 80 Cartons Zucchini Squash - Small $8.60 $688.00 160 Total Packages Total: $1,168.00 TERMS NET 21 - 2% FINANCE CHARGE AFTER 30 DAYS In the event that this account is refered for collection you will be ‘responsible to pay all expenses, costs, disbursements and aitorneys' fees which we incur. The perishable agriculturai ‘commodi Ss ed 0 on this invoice are sold subject to the statutory trust authorized by section 5 (c) of the Perishable Agricultural Commddities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. in the event of our trust claim, we will seek to recover reasonable attorney's fees and the costs of recovery. No discounts or Allowances will be accepted without a valid Credit Slip issued and approved by SOUTH DADE PRODUCE, INC. No grade contract, PACA Good Delivery Standards. PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT Generated using PRODUCE --for-- WINDOWSS by CanCom: Computing Co., Inc. $09-891-1453 a SOUTH DADE PRODUCE, INC. Po BR ODuC INVOICE HOMESTEAD, FL 33090 99-007333 SALES (305) 245-8400 - FAX (305)242-9494 Date: 03-Jan-00 Bill To: Ship To: ; E. AT. Fresh Produce, Inc. E. AT. Fresh Produce, Inc. P.O. Box 95 P.O. Box 95 Fairfield, NC 27896 Fairfield, NC 27826 | USA USA FOB _ Order iD Your PO Salesperson Date Shipped Ship Via Trailer Lic. Temp. Terms 99-007333 2849 Jeff 27-Dec-99 Net due 21 days Units ttem Description Unit Price Extended Price 30 Cartons Eggplant - Fancy $8.60 $258.00 20 Cartons Zucchini Squash - Smaii $8.60 $172.00 .f Oe 50 Total Packages Total: ~ $430.00 FINANCE CHARGE AFTER 30 DAYS In the event that thi n you will be responsible to pay ail expenses, costs, disbursements and No discounts or Allowances will be accepted without a valid Credit Sli P issued and approved by SOUTH DADE PRODUCE, INC. No grade contract, PACA Good Delivery Standards. PLEASE RETURN ONE(1) COPY OF THiS INVOICE WITH PAYMENT Generated using PRODUCE --for-- WINDOWS by CanCom Computing Co., Inc, 509-891-1453 Ww Ne SOUTH DADE PRODUCE, INC. Pane PRODUC INVOICE . HOMESTEAD, FL 33090 99-007362 SALES (305) 245-8400 - FAX (305)242-9494 Date: 03-Jan-00 Bill To: Ship To: E. A.T. Fresh Produce, inc. E. A.T, Fresh Produce, Inc. P.O. Box 95 P.O. Box 95 Fairfield, NC 27826 Fairfield, NC 27826 USA ; : USA ; FoB Order iD Your PO Salesperson Date Shipped Ship Via Trailer Lic. Temp. Terms 99-007362 6144 Jeff 28-Dec-99 Net due 21 . days Units item Description Unit Price Extended Price 130 Cartons Zucchini Squash - Small $8.60 $1,118.00 2 Crates Beans - Flat $16.60 $33.20 132 Total Packages - . | 9 Total: $1,151.20 TERMS NET 21 - 2% FINANCE CHARGE AFTER 30 DAYS - | In the event that this account is refered for collection you will be responsible to pay ail expenses, costs, © disbursements and attorneys’ fees which we incur. The perishable agricultural commodities listed on this invoice are sold subject to the statutory trust authorized by " commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. in the event of our trust claim, we will seek to recover reasonable attorney's fees and the costs of recovery. No discounts or Allowances will be accepted without a valid Credit Slip issued and approved by SOUTH DADE PRODUCE, INC. No grade contract, PACA Good Delivery Standards. PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT Generated using PRODUCE ~-for-- WINDOWS by CanCom Computing Co., Inc. $09-891-1453 n _ Vv Y SOUTH DADE PRODUCE, INC. a & P.O. BOX 900134 is I I N V OICE - HOMESTEAD, FL 33090 : 99-007406 ; * SALES (305) 245-8400 - FAX (305)242-9494 . ~ , Date: 03-Jan-00 Bill To: Ship To: E. A.T. Fresh Produce, Inc. ~ E. A.T. Fresh Produce, Inc. P.O. Box95 P.O. Box 95 Fairfield, NC 27826 Fairfield, NC 27826 USA USA FOB Order iD Your PO : Salesperson Date Shipped Ship Via Trailer Lic. Temp. Terms 99-007406 2853 Jeff 30-Dec-99 Net due 21 days Units Item Description Unit Price Extended Price 50 Cartons Eggplant - Fancy $6.35 . $317.50 210 Crates Green Beans - Hand Picked $7.85 $1,648.50 70 Cartons Straight Neck Yellow Squash - Fancy ; $5.60 $392.00 330 Total Packages Total: $2,358.00 1¢ TERMS NET 21 - 2% FINANCE CHARGE AFTER 30 DAYS In the event that account is refered for ion you will be responsible to pay ‘all expenses, costs, disbursements and attorneys’ fees which we incur. The perishable ‘agricultural commodities listed on this invoice are sold subject to the Statutory trust authorized by section 5 (c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received. in the event of our trust claim, we will seek to recover reasonable attorney's fees and the costs of recovery. No discounts or “Allowances will be accepted without a valid Credit ‘Slip issued and approved by SOUTH DADE PRODUCE, INC. No grade contract, PACA Good Delivery Standards. © PLEASE RETURN ONE(1) COPY OF THIS INVOICE WITH PAYMENT Generated using PRODUCE --for-- WINDOWSO ‘by CeanCom Computing Co., Inc. $09-891-1453

Docket for Case No: 00-001924
Source:  Florida - Division of Administrative Hearings

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