04-000262 South Florida Sod, Inc. vs. West Florida Irrigation And Landscaping, Inc., And Old Republic Surety Company
 Status: Closed
Recommended Order on Tuesday, March 1, 2005.


View Dockets  
Summary: Respondent owes Petitioner for sod puchased by his representative, despite the fact that the representative ultimately defrauded the dealer and the producers.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8SOUTH FLORIDA SOD, INC., )

13)

14Petitioner, )

16)

17vs. ) Case No. 04 - 0262

24)

25WEST FLORIDA IRRIGATION & )

30LANDSCAPING, INC., AND OLD )

35REPUBLIC SURETY COMPANY, )

39)

40Respondents. )

42)

43BAYSIDE SOD, INC., )

47)

48Petitioner, )

50)

51vs. ) Case No. 04 - 0306

58)

59WEST FLORIDA IRRIGATION & )

64LANDSCAPING, INC., AND OLD )

69REPUBLIC SURETY COMPANY, )

73)

74Respondents. )

76)

77RECOMMENDED ORDER

79A formal hearing was held pursuant to notice in the

89above - styled cases by Lawrence P. Stevenson, assigned

98Administrative Law Judge of the Division of Administrative

106Hearings, on December 17, 2004, in Bradenton, Florida.

114APPEARANCES

115For Petitioner South Florida Sod, Inc:

121Jeffrey Sullivan, Esquire

124Stidham & Stidham, P.A.

128Post Office Box 510

132Bartow, Florida 33831

135For Petitioner Bayside Sod, Inc:

140Paul J. Bispham

143Bayside Sod, Inc.

1467850 Ibis Street

149Sarasota, Florida 34241

152For Respondent West Florida Irrigation & Landscaping, Inc:

160Robert H. Nutter, Esquire

164Ferlita, Nutter, Rosello

167& Newman, P.A.

170610 Azeele Street

173Tampa, Florida 33606 - 2273

178For Respondent Old Republic Surety Com pany:

185No appearance

187STATEMENT OF THE ISSUES

191DOAH Case No. 04 - 0262: Whether Respondent, West Florida

201Landscaping & Landscaping, Inc. ("West Florida Landscaping"),

210owes Petitioner, South Florida Sod, Inc. ("South Florida Sod"),

221$29,360.80 for the sale of sod during the months of July and

234August 2003.

236DOAH Case No. 04 - 0306: Whether Respondent, West Florida

246Landscaping, owes Petitioner, Bayside Sod, Inc. ("Bayside Sod"),

256$18,750.68 for the sale of sod during the month of October 2003.

269PRELIMINA RY STATEMENT

272On December 5, 2003, South Florida Sod filed an Amended

282Producer Complaint with the Department of Agriculture and

290Consumer Services (the "Department") alleging that West Florida

299Landscaping had failed to pay 43 invoices for various amounts o f

311sod for a total of $29,360.80. The Department notified West

322Florida Landscaping and its bond surety, Old Republic Surety

331Company, of the Amended Producer Complaint by separate letters

340dated December 9, 2003. On December 23, 2003, West Florida

350Landscapi ng filed a request for an extension of the time in

362which to answer the Amended Producer Complaint. By letter dated

372December 29, 2003, the Department granted West Florida

380Landscaping until January 16, 2004, to answer the Amended

389Producer Complaint. On Jan uary 9, 2004, West Florida

398Landscaping filed an Answer denying the validity of the Amended

408Producer Complaint. West Florida Landscaping asserted that it

416did not purchase the agricultural products listed in the

425invoices and did not authorize anyone to purc hase those products

436on its behalf. West Florida Landscaping stated that the person

446who took delivery of the products was not an agent or employee

458of West Florida Landscaping and that West Florida Landscaping

467did not receive any of the products referred to in the Amended

479Producer Complaint. On January 20, 2004, the Department

487forwarded the Amended Producer Complaint and the Answer to the

497Division of Administrative Hearings ("DOAH") for assignment of

507an Administrative Law Judge and conduct of a formal heari ng.

518The matter was assigned DOAH Case No. 04 - 0262.

528On December 9, 2003, Bayside Sod filed a Producer Complaint

538with the Department alleging that West Florida Landscaping had

547failed to pay 23 invoices for various amounts of sod for a total

560of $17,524.00. On December 23, 2003, Bayside Sod filed an

571Amended Producer Complaint to include a 7 percent Florida sales

581tax to the amount sought, bringing the total to $18,750.68. The

593Department notified West Florida Landscaping and its bond

601surety, Old Republic Suret y Company, of the Amended Producer

611Complaint by separate letters dated January 6, 2004. On

620January 16, 2004, West Florida Landscaping filed its Answer to

630Bayside Sod's Amended Producer Complaint. This Answer was

638identical to West Florida Landscaping's An swer to South Florida

648Sod's Amended Producer Complaint. On January 27, 2004, the

657Department forwarded the Amended Producer Complaint and the

665Answer to DOAH for assignment of an Administrative Law Judge and

676conduct of a formal hearing. The matter was assi gned DOAH Case

688No. 04 - 0306.

692On February 12, 2004, West Florida Landscaping filed a

701motion to consolidate DOAH Case Nos. 04 - 0262, 04 - 0306, and

71404 - 0424. 1/ By Order dated February 19, 2004, the cases were

727consolidated and were set for hearing on March 30, 20 04.

738The final hearing was convened on March 30, 2004. Prior to

749the taking of evidence, the parties engaged in settlement

758negotiations. They reached a tentative agreement and requested

766a period of 60 days in which to finalize matters. By Order

778dated Apri l 5, 2004, the cases were placed in abeyance and the

791parties directed to file a status report on June 1, 2004.

802On June 4, 2004, Paul J. Bispham, a principal of Bayside

813Sod, filed a letter notifying the undersigned that the tentative

823settlement terms had not been fulfilled and requesting that the

833hearing be rescheduled. By Order dated June 21, 2004, the cases

844were set for hearing on July 14, 2004. On July 6, 2004, West

857Florida Landscaping filed a motion to continue, which was

866granted by Order dated July 8, 2004. The hearing was

876re - scheduled for September 10, 2004, continued pursuant to an

887emergency motion by West Florida Landscaping, re - scheduled for

897November 9, 2004, and then continued again. The hearing was

907finally held on December 17 , 2004.

913At the he aring, South Florida Sod presented the testimony

923of Bryant McCall, its vice president. South Florida Sod's

932Exhibits 1 and 2 were admitted into evidence. Bayside Sod

942presented the testimony of Paul J. Bispham, its president and

952part - owner, and Benjamin St rong, field superintendent for Trent

963Colony Landscaping. Bayside Sod's Exhibit 1 was admitted into

972evidence. West Florida Landscaping presented the testimony of

980its owner, Robert W. Owens, and of an employee, Steven Hendley.

991West Florida Landscaping off ered no exhibits.

998No Transcript of the proceeding was ordered. South Florida

1007Sod submitted a Proposed Order on December 23, 2004. Neither of

1018the other parties made a post - hearing submission.

1027FINDINGS OF FACT

10301. Petitioners, South Florida Sod and Baysid e Sod, are

1040producers of agricultural products as defined by Subsection

1048604.15(5), Florida Statutes (2003). Both Petitioners grow and

1056sell sod. South Florida Sod is located in Arcadia, Florida.

1066Bayside Sod is located in Sarasota, Florida.

10732. Responde nt, West Florida Landscaping, located in Plant

1082City, Florida, is a dealer in agricultural products as defined

1092by Subsection 604.15(1), Florida Statutes (2003). At the time

1101of the transactions in question, West Florida Landscaping was

1110licensed as a dealer in agricultural products supported by a

1120surety bond provided by Old Republic Surety Company.

11283. West Florida Landscaping began purchasing sod from

1136South Florida Sod in early 2003. The sod was purchased by a man

1149named Dallas Justice. Bryant McCall, vi ce president of South

1159Florida Sod, testified that Robert Owens, the owner of West

1169Florida Landscaping, told him that Mr. Justice worked for him

1179and would do the ordering for West Florida Landscaping.

11884. The initial purchases were cash transactions. At s ome

1198point during the course of dealings, Mr. Owens contacted South

1208Florida Sod to request a line of credit. Mr. Owens completed a

1220credit application, and thereafter West Florida Landscaping

1227purchased sod on credit.

12315. Mr. McCall testified that West Flori da Landscaping was

1241never a model credit customer. He had to "hound" West Florida

1252Landscaping to pay its bill. However, up until July and August

12632003, West Florida Landscaping always paid the bill, though

1272often well after payment was due.

12786. From July 11 through August 27, 2003, Mr. Justice

1288placed 43 orders for sod with South Florida Sod in the name of

1301West Florida Landscaping. The sod was picked up at South

1311Florida Sod's place of business by truckers sent by Mr. Justice.

1322The total price for all these o rders was $29,360.80. Invoices

1334for each of these orders were sent to West Florida Landscaping,

1345which neither paid them nor disputed their validity.

13537. Mr. McCall contacted Mr. Owens about payment of the

1363invoices. Mr. McCall testified that Mr. Owens stat ed that he

1374had been out of town during the period of the unpaid invoices.

1386Mr. Owens told Mr. McCall that upon returning, he discovered

1396that Mr. Justice was defrauding him. Mr. Justice was ordering

1406the sod and completing the work for West Florida Landscap ing

1417projects, but was also collecting the customers' payments and

1426keeping the money for himself. Mr. Owens did not fire

1436Mr. Justice or turn him over to law enforcement authorities

1446because he wanted Mr. Justice to work off the debt.

14568. Mr. Owens promised Mr. McCall that he would make good

1467on the debts incurred by Mr. Justice with South Florida Sod.

1478Mr. McCall testified that a payment schedule was established,

1487but that Mr. Owens did not observe it, forcing South Florida Sod

1499to file a Producer Complaint. As of December 5, 2003, the

1510balance owed South Florida Sod by West Florida Landscaping was

1520$29,360.80.

15229. West Florida Landscaping began purchasing sod from

1530Bayside Sod on a cash basis sometime in the middle of 2003. A

1543man named "Gene," later identified as Dallas Justice, ordered

1552the sod on behalf of West Florida Landscaping. Bayside Sod

1562sold 11 truckloads of sod to Mr. Justice and was paid cash.

157410. On October 1, 2003, Bayside Sod first extended credit

1584to Mr. Justice at his request. Between October 2 and

1594October 22, 2003, Mr. Justice took delivery of 23 orders for

1605various amounts of sod worth $18,750, with Florida sales tax.

1616None of these deliveries was paid for by Mr. Justice or West

1628Florida Landscaping.

163011. Paul Bispham, owner and president of Bays ide Sod,

1640testified that he spoke with Mr. Owens on December 13, 2003.

1651Mr. Owens assured Mr. Bispham that he and Mr. Justice would pay

1663the debt.

166512. Benjamin Strong is a field superintendent for Trent

1674Colony Landscaping. He gave West Florida Landscaping' s name to

1684Mr. Bispham as a reference when the latter contacted him to

1695solicit new business. Mr. Strong had done business with

1704Mr. Justice and West Florida Landscaping. His practice was to

1714make out checks to West Florida Landscaping and give the checks

1725to Mr. Justice. Mr. Strong testified that Mr. Owens later told

1736him emphatically not to give any West Florida Landscaping checks

1746to Mr. Justice.

174913. At the hearing, Mr. Owens denied that Mr. Justice was

1760ever an employee of West Florida Landscaping. Rat her,

1769Mr. Justice was an independent contractor whom Mr. Owens would

1779hire on a per - job basis to lay sod. However, Mr. Owens admitted

1793that he gave Mr. Justice authority to order sod for West Florida

1805Landscaping, thus mooting the significance of Mr. Justice' s

1814status as an employee or independent contractor. Mr. Owens

1823further admitted that he signed the letter seeking a line of

1834credit from South Florida Sod.

183914. Mr. Owens testified that he was in New Orleans for an

1851extended period. While Mr. Owens was gone, Mr. Justice began

1861ordering sod for jobs of his own, but had the purchases billed

1873to West Florida Landscaping. Mr. Owens testified that he has

1883paid for any sod that Mr. Justice ordered for West Florida

1894Landscaping projects, but that he believed himself un der no

1904obligation to pay for sod that Mr. Justice ordered for his own

1916jobs. He discovered, belatedly, that Mr. Justice was "a liar

1926and a cheat."

192915. Mr. McCall credibly testified that Mr. Owens said

1938nothing to him about Mr. Justice having used West Flori da

1949Landscaping's name to fraudulently obtain sod. Rather,

1956Mr. Owens told him that Mr. Justice was, in Mr. Owens' absence,

1968completing West Florida Landscaping jobs, but then cashing the

1977checks made out to West Florida Landscaping and pocketing the

1987money. This testimony is consistent with that of Mr. Strong and

1998is credited.

200016. Mr. Owens admitted to making some efforts to deduct

2010money from Mr. Justice's pay in order to settle the debts with

2022South Florida Sod, but stated that he did not feel a legal

2034obliga tion to do so.

203917. Mr. Justice was subpoenaed to appear and testify at

2049the hearing in this matter, but he did not appear.

205918. By the weight of the evidence and by his own

2070admission, Mr. Owens authorized Mr. Justice to order sod on

2080behalf of West Florid a Landscaping. The evidence established

2089that a course of dealing was established between Mr. Justice, on

2100behalf of West Florida Landscaping, and the Petitioners in these

2110cases, whereby Mr. Justice would order and take delivery of the

2121sod from the Petition ers, and West Florida Landscaping would pay

2132the invoices for the sod. The greater weight of the evidence is

2144that Mr. Justice was acting on behalf of West Florida

2154Landscaping in all his dealings with South Florida Sod and

2164Bayside Sod.

216619. In light of the established course of dealing, West

2176Florida Landscaping failed to establish any reasonable basis for

2185its contention that South Florida Sod and Bayside Sod should

2195have inquired as to Mr. Justice's continuing authority on each

2205occasion that he ordered their sod. Mr. Owens' testimony that

2215the sod ordered by Mr. Justice from South Florida Sod and

2226Bayside Sod was not for West Florida Landscaping jobs cannot be

2237credited based on the testimony of other witnesses and

2246Mr. Owens' own actions subsequent to learning t hese suppliers

2256had not been paid. While there is no question that Mr. Justice

2268was the actual wrongdoer in these cases, there is also no

2279question that it was West Florida Landscaping that lent the name

2290of its legitimate business to Mr. Justice and, thus, e nabled him

2302to defraud South Florida Sod and Bayside Sod.

2310CONCLUSIONS OF LAW

231320. The Division of Administrative Hearings has

2320jurisdiction over the parties and subject matter pursuant to

2329Sections 120.57 and 604.21, Florida Statutes (2004).

233621. South Fl orida Sod and Bayside Sod have the burden of

2348proving the allegations in their respective complaints against

2356West Florida Landscaping by a preponderance of the evidence.

2365See Florida Department of Transportation v. J.W.C. Co., Inc. ,

2374396 So. 2d 778, 788 (Fla . 1st DCA 1981). Though South Florida

2387Sod and Bayside Sod have the ultimate burden of proving their

2398claims, once each of them has made a prima facie case of

2410entitlement to recover from West Florida Landscaping, then West

2419Florida Landscaping has the burden of coming forward with

2428evidence to refute the entitlement.

243322. South Florida Sod and Bayside Sod have satisfied their

2443burdens of proof. West Florida Landscaping is licensed as a

2453dealer in agricultural products. West Florida Landscaping

2460failed to make proper payment and account for sod that South

2471Florida Sod and Bayside Sod provided to Mr. Justice on behalf of

2483West Florida Landscaping. West Florida Landscaping failed to

2491come forward with evidence sufficient to refute the prima facie

2501case of entitlement made by South Florida Sod and Bayside Sod.

251223. Both South Florida Sod and Bayside Sod claim

2521entitlement to interest (termed "service charges") at a rate

2531of 1.5 percent monthly, or 18 percent annually, based upon

2541statements set forth in their invoices reg arding past due

2551accounts. However, Section 687.01, Florida Statutes (2003),

2558provides that, in the absence of a special contract, interest

2568rates are capped at the rate provided in Section 55.03, Florida

2579Statutes (2003). Case law is clear that a pre - printe d interest

2592rate contained in an invoice, without more, is insufficient to

2602establish entitlement to any more pre - judgment interest than the

2613statute allows. Nelson v. Ameriquest Technologies, Inc. , 739

2621So. 2d 161, 165 (Fla. 3d DCA 1999), and cases cited the rein.

2634See also Spyke's Grove, Inc. v. Kulick and Western Surety Co. ,

2645Case No. 01 - 2649A (DOAH November 1, 2001).

2654RECOMMENDATION

2655Based on the foregoing Findings of Facts and Conclusions of

2665Law, it is

2668RECOMMENDED that the Department of Agriculture and Consu mer

2677Services enter a final order ordering Respondent, West Florida

2686Irrigation & Landscaping, Inc., to pay $29,360.80 to South

2696Florida Sod, Inc., and $18,750.68 to Bayside Sod, Inc., together

2707with pre - judgment interest calculated at the rate specified in

2718Se ction 55.03, Florida Statutes (2003); and further requiring

2727Old Republic Surety Company to make payment, up to the amount of

2739its bond, in the event that West Florida Irrigation &

2749Landscaping, Inc., fails to make payment in a timely manner.

2759DONE AND EN TERED this 1st day of March, 2005, in

2770Tallahassee, Leon County, Florida.

2774S

2775LAWRENCE P. STEVENSON

2778Administrative Law Judge

2781Division of Administrative Hearings

2785The DeSoto Building

27881230 Apalachee Parkway

2791Tallahassee, Florida 32399 - 3060

2796(850) 488 - 9675 SUNCOM 278 - 9675

2804Fax Filing (850) 921 - 6847

2810www.doah.state.fl.us

2811Filed with the Clerk of the

2817Division of Administrative Hearings

2821this 1st day of March, 2005.

2827ENDNOTE

28281/ DOAH Case No. 04 - 0424 involved a third Producer Compla int

2841against West Florida Landscaping, this one brought by DeSoto

2850Sod, Inc. On March 22, 2004, DeSoto Sod, Inc., notified DOAH

2861that it had received payment in full from West Florida

2871Landscaping and requested that the case be closed. By Order

2881dated March 2 6, 2004, DOAH Case No. 04 - 0424 was severed from the

2896other two consolidated cases. By Order dated March 29, 2004,

2906the file in DOAH Case No. 04 - 0424 was closed.

2917COPIES FURNISHED :

2920Brenda D. Hyatt, Bureau Chief

2925Department of Agriculture and

2929Consumer Serv ices

2932Bureau of License and Bond

2937407 South Calhoun Street, Mayo Building

2943Mail Station 38

2946Tallahassee, Florida 32399 - 0800

2951Richard Ditschler, General Counsel

2955Department of Agriculture and

2959Consumer Services

2961The Capitol, Plaza Level 10

2966Tallahassee, F lorida 32399 - 0810

2972Michael A. Jankowski

2975Old Republic Surety Company

2979Post Office Box 1635

2983Milwaukee, Wisconsin 53201

2986Paul J. Bispham

2989Bayside Sod, Inc.

29927850 Ibis Street

2995Sarasota, Florida 34241

2998Jeffery Sullivan, Esquire

3001Stidham & Stidham, P.A.

3005Post Offic e Box 510

3010Bartow, Florida 33831

3013Robert H. Nutter, Esquire

3017Ferlita, Nutter, Rosello

3020& Newman, P.A.

3023610 West Azeele Street

3027Tampa, Florida 33606 - 2273

3032NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

3038All parties have the right to submit written exceptions within

304815 days from the date of this Recommended Order. Any exceptions

3059to this Recommended Order should be filed with the agency that

3070will issue the final order in this case.

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Date
Proceedings
PDF:
Date: 05/04/2005
Proceedings: Agency Final Order filed.
PDF:
Date: 04/29/2005
Proceedings: Agency Final Order
PDF:
Date: 03/01/2005
Proceedings: Recommended Order
PDF:
Date: 03/01/2005
Proceedings: Recommended Order (hearing held December 17, 2004). CASE CLOSED.
PDF:
Date: 03/01/2005
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 12/23/2004
Proceedings: (Petitioner`s Proposed) Final Order filed.
Date: 12/17/2004
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 11/05/2004
Proceedings: Letter to Judge Stevenson from R. Nutter regarding a date to reschedule hearing to filed.
PDF:
Date: 11/05/2004
Proceedings: Agency`s court reporter confirmation letter filed with the Judge.
PDF:
Date: 10/28/2004
Proceedings: Notice of Hearing (hearing set for December 17, 2004; 9:00 a.m.; Bradenton, FL).
PDF:
Date: 10/27/2004
Proceedings: Letter to Judge Stevenson from J. Lodman regarding a change of Petitioner`s address (filed via facsimile).
PDF:
Date: 10/26/2004
Proceedings: Order Granting Continuance (parties to advise status by November 5, 2004).
PDF:
Date: 10/25/2004
Proceedings: Motion to Continue Hearing (filed by R. Nutter via facsimile).
PDF:
Date: 09/30/2004
Proceedings: Letter to Judge Stevenson from R. Nutter regarding availability for hearing filed.
PDF:
Date: 09/28/2004
Proceedings: Letter to D. Montana from B. Hyatt confirming the request for Court Reporter services filed.
PDF:
Date: 09/23/2004
Proceedings: Notice of Hearing (hearing set for November 9, 2004; 9:00 a.m.; Bradenton, FL).
PDF:
Date: 09/22/2004
Proceedings: Notice of Availability for Final Hearing (via efiling by Jeffery Sullivan).
PDF:
Date: 09/22/2004
Proceedings: Notice of Availability for Final Hearing (via efiling by Jeffery Sullivan).
PDF:
Date: 09/20/2004
Proceedings: Letter to Judge Stevenson from P. Bispham regarding response to request for hearing date filed.
PDF:
Date: 09/13/2004
Proceedings: Notice of Serving First Set of Interrogatories and Request to Produce (via efiling by Jeffery Sullivan).
PDF:
Date: 09/13/2004
Proceedings: Notice of Serving First Set of Interrogatories and Request to Produce (via efiling by Jeffery Sullivan).
PDF:
Date: 09/09/2004
Proceedings: Order Granting Continuance (parties to advise status by September 20, 2004).
PDF:
Date: 09/09/2004
Proceedings: Notice of Appearance (filed by J. Sullivan, Esquire, via facsimile).
PDF:
Date: 09/08/2004
Proceedings: Emergency Motion to Continue Hearing (filed by Respondent via facsimile).
PDF:
Date: 08/25/2004
Proceedings: Letter to Diana Montana from B. Hyatt requesting the services of a court reporter filed.
PDF:
Date: 08/18/2004
Proceedings: Amended Notice of Hearing (hearing set for September 10, 2004; 9:00 a.m.; Bradenton, FL; amended as to location).
PDF:
Date: 07/30/2004
Proceedings: Notice of Hearing (hearing set for September 10, 2004; 9:00 a.m.; Bradenton, FL).
PDF:
Date: 07/23/2004
Proceedings: Letter to Judge Stevenson from R. Nutter regarding available dates filed.
PDF:
Date: 07/19/2004
Proceedings: Letter to Judge Stevenson from P. Bispham requesting for another hearing date filed.
PDF:
Date: 07/19/2004
Proceedings: Letter to Judge Stevenson from W. McCall regarding dates available (filed via facsimile).
PDF:
Date: 07/12/2004
Proceedings: Letter to Judge Stevenson from B. Hyatt regarding Notice of Ex Parte Communication filed.
PDF:
Date: 07/08/2004
Proceedings: Order Granting Continuance (parties to advise status by July 19, 2004).
PDF:
Date: 07/06/2004
Proceedings: Motion to Continue Hearing (filed by Respondent via facsimile).
PDF:
Date: 06/25/2004
Proceedings: Letter to C. Bowman from B. Hyatt requesting the services of a court reporter filed.
PDF:
Date: 06/21/2004
Proceedings: Notice of Hearing (hearing set for July 14, 2004; 9:00 a.m.; Bradenton, FL).
PDF:
Date: 06/04/2004
Proceedings: Letter to Judge Stevenson from P. Bispham requesting hearing date filed in DOAH Case No. 04-0306.
PDF:
Date: 04/05/2004
Proceedings: Order Placing Case in Abeyance (parties to advise status by June 1, 2004).
Date: 03/30/2004
Proceedings: CASE STATUS: Hearing Partially Held; continued to date not certain.
PDF:
Date: 03/26/2004
Proceedings: Order Severing DOAH Case No. 04-0424.
PDF:
Date: 03/22/2004
Proceedings: Letter to Judge Stevenson from R. Freytes regarding settlement and closing the file (filed via facsimile).
PDF:
Date: 03/10/2004
Proceedings: Witness List (unsigned) filed by P. Bispham.
PDF:
Date: 03/08/2004
Proceedings: Respondent`s List of Witnesses filed.
PDF:
Date: 03/08/2004
Proceedings: Letter to Judge Stevenson from R. Freytes regarding copies of unpaid invoices and corresponding delivery tickets filed.
PDF:
Date: 02/27/2004
Proceedings: Letter to J. Welzien from B. Hyatt confirming the request for Court Reporter services filed.
PDF:
Date: 02/26/2004
Proceedings: Amended Order of Pre-hearing Instructions.
PDF:
Date: 02/20/2004
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 02/20/2004
Proceedings: Notice of Hearing (hearing set for March 30, 2004; 9:00 a.m.; Bradenton, FL).
PDF:
Date: 02/19/2004
Proceedings: Order of Consolidation. (consolidated cases are: 04-000262, 04-000306, 04-000424)
PDF:
Date: 02/18/2004
Proceedings: Notice of Filing, Affidavit of Dalla Justice filed by R. Nutter.
PDF:
Date: 02/18/2004
Proceedings: Letter to Judge Cohen from B. Hyatt regarding Notice of Ex Parte Communication from R. Nutter (filed via facsimile).
PDF:
Date: 02/12/2004
Proceedings: Respondent`s Motion to Consolidate Cases (Cases requested 04-0424, 04-0306, and 04-0262) filed in DOAH case No. 04-0424 filed.
PDF:
Date: 02/06/2004
Proceedings: Respondent`s Response to Initial Order of the Agency (different date on certificate of service) filed.
PDF:
Date: 02/02/2004
Proceedings: Respondent`s Response to Initial Order of the Agency filed.
PDF:
Date: 01/21/2004
Proceedings: Initial Order.
PDF:
Date: 01/20/2004
Proceedings: Producer Complaint filed.
PDF:
Date: 01/20/2004
Proceedings: Amended Producer Complaint filed.
PDF:
Date: 01/20/2004
Proceedings: Amended Complaint filed.
PDF:
Date: 01/20/2004
Proceedings: Notice of filing of an Amended Complaint filed.
PDF:
Date: 01/20/2004
Proceedings: Letter to Brenda Hyatt from Robert Owens requesting a 15 day Extension filed.
PDF:
Date: 01/20/2004
Proceedings: Letter to Mr. Owens from Brenda Hyatt responding to fax request of December 23, 2003 filed.
PDF:
Date: 01/20/2004
Proceedings: Answer to Amended Complaint filed.
PDF:
Date: 01/20/2004
Proceedings: Agency referral filed.

Case Information

Judge:
LAWRENCE P. STEVENSON
Date Filed:
01/20/2004
Date Assignment:
01/21/2004
Last Docket Entry:
05/04/2005
Location:
Bradenton, Florida
District:
Middle
Agency:
ADOPTED IN PART OR MODIFIED
 

Counsels

Related Florida Statute(s) (5):