STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CURTIS SANDERS, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1825A

)

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 1:00 p.m., January 27, 1978.

APPEARANCES

For Petitioner: Curtis Sanders

630 Colonial Street 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, with establishes the apparatus for settling disputes between Florida produce farmers and dealers who are involved with the farmers' products.

   
   

2. Curtis Sanders, a Florida farmer, contends by his complaint that two loads of watermelons grown and harvested in Florida, were sold directly to Great Lakes Produce of Florida, Inc. as set forth below:

   
   

   1. July 6, 1977, Jubilee Watermelons, 27,440 lbs., at .02 totaling $548.80

   2. July 6, 1977, Jubilee Watermelons, 50,980 lbs., at .02 totaling $1,019.80

      
      

      Total for all loads $1,568.40

      
      

3. An examination of the testimony offered in the course of the hearing, supports the Petitioner's contention. The Respondent has paid $1,176.30, leaving a balance of $392.10.

   
   

4. The Respondent has not paid the $392.10 which it agreed 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 $392.10 for the watermelons it purchased from the Petitioner.

RECOMMENDATION

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

$392.10 for the watermelons it purchased from the Petitioner.

DONE AND ENTERED this 21th 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:

Curtis Sanders

630 Colonial Street Live Oak, Florida

Roger Serzen

c/o Great Lakes Produce of Florida, Inc. Post Office Box 11931

Tampa, Florida 33680

Docket for Case No: 77-001825

Orders for Case No: 77-001825