05-004392 Hutchinson Groves, Inc. vs. The Citrus Store And Fidelity And Deposit Company Of Maryland, As Surety Status: Closed Recommended Order on Wednesday, February 8, 2006.

Summary: Respondent was liable for payment for fruit picked in Petitioner`s groves pursuant to the parties` written contract.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HUTCHINSON GROVES, INC., )

)

Petitioner, )

)

vs. ) C ase No. 05 - 4392

)

THE CITRUS STORE AND FIDELITY )

AND DEPOSIT COMPANY OF )

MARYLAND, AS SURETY, )

)

Respondent s . )

)

SUMMARY RECOMMENDED ORDER

Pursuant to notice, the above - styled matter was convened

before Lawrence P. Stevenson, Administrative Law Judge of the

Division of Administrative Hearings, on February 2, 2006, in

Sebring, Florida. The foll owing appearances were entered:

APPEARANCES

For Petitioner: William Hutchinson , President , pro se

Hutchinson Groves, Inc.

1323 Edgewater Point Drive

Sebring, Florida 33870

For Respondent The Citrus Store:

Anthony W. Surber, Esquire

Harbsmeier, DeZayas, Harden &

DeBari, L.L.P.

5116 South Lakeland Drive

Lakeland, Florida 33813

For Respondent Fidelity and Deposit Company of Maryland:

( No appearance )

STATEMENT OF THE ISSUE

Whether Respondent, The Citrus Store, a citrus fruit

dealer, owes Petitioner, Hutchinson Groves, Inc., a grower of

Florida citrus products, a sum of money for citrus fruit

harvested from Petitioner's groves.

SUMMA RY DISPOSITION

On or about December 16, 2003, Petitioner, Hutchinson

Groves, Inc., filed a complaint with the Florida Department of

Agriculture and Consumer Services (the "Department") , alleging

that Respondent, The Citrus Store, owes Petitioner the sum of

$27,117.59, for oranges harvested from Petitioner's groves by

Respondent pursuant to a written contract. Respondent conceded

that it owed some lesser amount to the owner of the groves in

question. However, the matter was complicated by the fact that,

su bsequent to the execution of the contract with Respondent,

Petitioner had sold those groves to a third party who also

asserted a claim to the proceeds from the sale of the fruit to

Respondent. The matter was the subject of litigation in the

Circuit Court of the Tenth Judicial Circuit, in and for

Highlands County (Case No. GC - 02 - 587), which caused the

Department to delay forwarding the matter to the Division of

Administrative Hearings until December 2, 2005. The case was

assigned to the undersigned and set for hearing on February 2,

2006.

The hearing was convened as scheduled. Prior to the taking

of testimony, the parties discussed settlement of the matter.

At the conclusion of their discussions, the parties stipulated:

that the Division of Administrativ e Hearings has jurisdiction

over this matter and the parties thereto pursuant to Section

120.569 and Subsection 120.57(1), Florida Statutes (2005); that,

at all times relevant to this proceeding, Petitioner was a

"producer" pursuant to Subsection 601.03(29 ), Florida Statutes;

that, at all times relevant to this proceeding, The Citrus Store

was a "citrus fruit dealer" pursuant to Subsection 601.03(8),

Florida Statutes; that Respondent owes Petitioner $27,117.59 for

the oranges harvested from Petitioner's gro ves; and that no

interest would be sought or assessed against Respondent on the

principal amount owing to Petitioner.

Based on the foregoing stipulations, it is

RECOMMENDED that a final order be entered requiring

Respondent, The Citrus Store, to pay to Pet itioner, Hutchinson

Groves, Inc., the principal sum o f $27,117.59, without interest.

DONE AND ENTERED this 8th day of February , 2006 , in

Tallahassee, Leon County, Florida.

S

LAWRENCE P. STEVENSON

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearing s

this 8th day of February, 2006.

COPIES FURNISHED :

Kathy Alves

Fidelity & Deposit Company of Maryland

Post Office Box 87

Baltimore, Maryland 21203

William Hutchinson

Hutchinson Groves, Inc.

1323 Edgewater Point Drive

Sebring, Florida 33870

Clifford R. Rhoades, Esquire

Clifford R. Rhoades, P.A.

227 North Ridgewood Drive

Sebring, Florida 33870

Anthony W. Surber, Esquire

Harbsmeier, DeZayas, H arden &

DeBari, L.L.P.

5116 South Lakeland Drive

Lakeland, Florida 33813

Chris Green, Chief

Bureau of Li cense and Bond

Division of Marketing

407 South Calhoun Street, Mail Station 38

Tallahassee, Florida 32399 - 0800

Richard Ditschler, General Counsel

Office of the General Counsel

407 South Calhoun Street, Suite 520

Tallahassee, Florida 32399 - 0800

NOT ICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

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

to this Recommended Order should be filed with the agency that

will issue the final order in this case.