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TURF SALES OF FLORIDA, L.L.C., D/B/A WOERNER TURF vs J. C. & SONS, INC., AND CUMBERLAND CASUALTY AND SURETY COMPANY, 01-001509 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-001509 Visitors: 2
Petitioner: TURF SALES OF FLORIDA, L.L.C., D/B/A WOERNER TURF
Respondent: J. C. & SONS, INC., AND CUMBERLAND CASUALTY AND SURETY COMPANY
Judges: CLAUDE B. ARRINGTON
Agency: Department of Agriculture and Consumer Services
Locations: West Palm Beach, Florida
Filed: Apr. 20, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, June 7, 2001.

Latest Update: Jul. 06, 2024
eee aid “STATE OF FLORIDA @ DEPARTMENT OF AGRICULTURE AND CONSUMER SERVIGES . S RO = Turf Sales of Florida, L.L.C., =2 d/b/a Woerner Turf, NM PT SS Petitioner. ° 9 . DOAH CASE NO.: 01-15094 CA-CLUS vs LB CASE NO.: 01-0016 : , FINAL ORDER - J.C. & Sons, Ine., and Cumberland Casualty & Surety Company, Respondents, / XINAL L ORDER Florida for consideration and final agency action. . On February 12, 2001, the Petitioner, Turf me Sales of Florida, L. L.C., d/b/a Woeres Turf, a “a producer of agricultural products as defined by Section 604.15 (5), Florida Statutes, timely filed an administrative complaint pursuant to | — Section 604. 21, Florida Statutes, to collect $37, 180 for sod they sold to Respondent, a licensed aeacpanntiin db Babe Re Sune cont . dealer i in n agricultural products. Responen' s Ticense for the | time in n question w was 3s supported by referred to the Division of Administrative Hearings (DOAH) for an administrative hearing i in accordance with the provisions of Section 120.57 (1), Florida Statutes. An administrative sete cee ee ae ep i tel RE ERE " —prémises, it is - Company, as s Surety for Respondent is hereby. ordered to provide payment under the conditions hearing by video teleconference was scheduled in this matter for Tune 7, 2001. At the hearing, Anetateatnsitincatgtsicet. b "the counsel for Petitioner and counsel for Respondent stipulated that the Respondent is indebted . é to the Petitioner i in the principal amount of $35,485. Counsel further stipulated there were no other material disputed facts. The Administrative Law Judge issued an ORDER CLOSING FILE (Order) wherein he relinquished the case to the Department for the entry of a Final 7 Order. DOAH’s 5 Order is is without prejudice should the Department r reject the settlement stipulation. Upon the considération of the foregoing and being otherwise fully advised in the ORDERED: "That Respondent, J. C. & Sons, Inc., pay Petitioner $35, 485 within fifteen (15) days after this Order becomes final. This Order i is S fi nal and effective o1 on the date filed with the Clerk of the Department. This Order further specifies that in the event Respondent fails to pay Petitioner 835, 485 Within, fifteen a5) days of the Final Order, Cumberland Casualty & Surety and provisions of the bond to CHARLES H. BRONSON, COMMISSIONER OF AGRICULTURE AND CONSUMER SERVICES, as Obligee on the Bond. Should responsibility for payment evolve to the Surety, Cumberland Casualty & Surety Company will be notified by this office. ; Any party to these proceedings adversely affected by this Final Order is entitled to seek review of this Order pursuant to Section 120. 68, Florida Statutes, and Rule 9.1 10, Florida Rules of Appellate Procedure. Review proceedings must be instituted by filing a petition or Notice of appeal with the Agency Clerk, 5" Floor, Mayo Building, Tallahassee, FL 32399- 0800, and a Copy of same with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order. DONE AND ORDERED this dot day of f bey , 2001. CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE cit TERRY L/RHODES : ° Assistant Commissioner of Agriculture _ Filed with Agency Clerk this om day of he aa , 2001. an : i? ve \ 4 ; Agency Clerk ee £ i COPIES FURNISHED TO: Ms. Kathy Miller, President Judge Claude B. Arrington Turf Sales of Florida, L.L.C. Administrative Law Judge d/b/a Woermer Turf Division of Administrative Hearings 777 8. Flagler Dr., Ste. 1100 The DeSoto Bldg., 1230 Apalachee Pkwy. West Palm Beach, FL 33401 060 : » Tallahassee, FL 32399-3 Mr. Jorge Carvajal, President Lynn S.K. Ventry, Esquire TC. & Sons, Inc. Century Financial Plaza 4501 SW 94 Avenue 185 NW Spanish River Bivd. ~ Miami, FL 33165 Boca Raton, FL 33431 ~>~ Ms. Deborah A. Meek Cumberland Casualty & Surety Company - 4311 W. Waters Ave., Ste. 401 ~~ Tampa, FL 33614 Mr. Phil Kahn, Field Representative . Lawrence R, Metsch, Esquire ~-Metsch & Metsch, P.A. 1455,'N.W. 14” Street Miami, FL 33125 ae es

Docket for Case No: 01-001509
Issue Date Proceedings
Jul. 24, 2001 Final Order filed.
Jun. 07, 2001 Order Closing File issued. CASE CLOSED.
Jun. 07, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Jun. 01, 2001 Amended Notice of Video Teleconference issued. (hearing scheduled for June 7, 2001; 9:00 a.m.; West Palm Beach and Tallahassee, FL, amended as to setting case for video teleconference and location of hearing).
May 29, 2001 Order issued (the Motion to Withdraw as Counsel filed by F. Carrillo, Esquire is granted).
May 25, 2001 Unilateral Pre-hearing Stipulation (filed by Petitioner via facsimile).
May 21, 2001 Motion to Withdraw filed by Respondent.
May 16, 2001 (Proposed) Order of Withdrawal (filed by Carvaal via facsimile).
May 16, 2001 Motion to Withdraw (filed via facsimile).
May 10, 2001 Letter to K. Degirolmo from T. Rhodes (confirming court reporter for hearing on 06/07/01) filed.
May 02, 2001 Order of Pre-hearing Instructions issued.
May 02, 2001 Notice of Hearing issued (hearing set for June 7, 2001; 9:00 a.m.; West Palm Beach, FL).
Apr. 30, 2001 Response to Initial Order (filed via facsimile).
Apr. 27, 2001 Response to Initial Order (filed by Petitioner via facsimile).
Apr. 20, 2001 Agency Referral Letter filed.
Apr. 20, 2001 Initial Order issued.
Apr. 20, 2001 Admendment filed.
Apr. 20, 2001 Complaint filed.
Apr. 20, 2001 Notice of Filing of an Amended Complaint filed.
Apr. 20, 2001 Answer of Respondent filed.
Apr. 20, 2001 Answer to the Complaint filed.
Source:  Florida - Division of Administrative Hearings

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