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: Jan. 31, 2025
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).
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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.
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Apr. 20, 2001 |
Answer of Respondent filed.
|
Apr. 20, 2001 |
Answer to the Complaint filed.
|