09-001602 Landscape Nursery, Inc. vs. Designing Women Landscaping, Inc. And Nova Casualty Company, As Surety Status: Closed Recommended Order on Friday, May 29, 2009.

Summary: At hearing, parties stipulated to the amount owed Petitioner by Respondent for agricultural products, making a summary recommended order appropriate.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LANDSCAPE NURSERY, INC., )

)

Petitioner, )

)

vs. ) Case No. 09-1602

)

DESIGNING WOMEN LANDSCAPING, )

INC. AND NOVA CASUALTY COMPANY, )

AS SURETY, )

)

Respondents. )

)

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 May 22, 2009, in

Orlando, Florida.

APPEARANCES

For Petitioner: Gail Hess, Principal

Landscape Nursery, Inc.

1955 South Apopka Vineland Road

Orlando, Florida 32835

For Respondent Designing Women Landscaping, Inc.:

Joseph Shay, Principal

Designing Women Landscaping and Nursery

6275 West State Road 46

Sanford, Florida 32771

For Respondent Nova Casualty Company:

(No appearance)

STATEMENT OF THE ISSUE

Whether Respondent, Designing Women Landscaping, Inc.

(Respondent), a dealer in agricultural products, owes

Petitioner, Landscape Nursery, Inc. (Petitioner), a producer of

Florida agricultural products, a sum of money for plants

purchased from Petitioner's nursery.

SUMMARY DISPOSITION

On or about February 27, 2009, Petitioner filed an amended

complaint with the Florida Department of Agriculture and

Consumer Services (the "Department"), alleging that Respondent

owes Petitioner the sum of $4,924.40, for plants delivered from

Petitioner's nursery to Respondent's place of business.

Respondent conceded that it owed some amount to the Petitioner,

but prior to the hearing the parties could not agree on the

amount owed. The Department forwarded the case to the Division

of Administrative Hearings on March 27, 2009. The case was

assigned to the undersigned and initially set for hearing on

May 8, 2009. One continuance was granted, and the hearing was

re-scheduled for May 22, 2009.

The hearing was convened as re-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 Administrative Hearings has

jurisdiction over this matter and the parties thereto pursuant

to Section 120.569 and Subsection 120.57(1), Florida Statutes

(2009); that, at all times relevant to this proceeding,

Petitioner was a "producer" pursuant to Subsection 604.15(9),

Florida Statutes (2009); that, at all times relevant to this

proceeding, Respondent was a "dealer in agricultural products"

pursuant to Subsection 604.15(2), Florida Statutes (2009); that

Respondent owes Petitioner $3,033.84 for plants delivered by

Petitioner to Respondent; and, that no further interest would be

sought or assessed against Respondent on the agreed principal

amount owed to Petitioner.

Based on the foregoing stipulations, it is

RECOMMENDED that the Florida Department of Agriculture and

Consumer Services enter a final order requiring Respondent,

Designing Women Landscaping, Inc., to pay Petitioner, Landscape

Nursery, Inc., the principal sum of $3,033.84, without interest.

DONE AND ENTERED this 29th day of May, 2009, 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

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 29th day of May, 2009.

COPIES FURNISHED :

Richard Ditchler, General Counsel

Department of Agriculture and

Consumer Services

407 South Calhoun Street, Suite 520

Tallahassee, Florida 32399-0800

Honorable Charles H. Bronson

Commissioner of Agriculture

Department of Agriculture and

Consumer Services

The Capitol, Plaza Level 10

Tallahassee, Florida 32399-0810

Susan Hallett

Designing Women Landscaping and Nursery

6275 West State Road 46

Sanford, Florida 32771

Christopher E. Green, Esquire

Department of Agriculture and

Consumer Services

Office of Citrus License and Bond

Mayo Building, M-38

Tallahassee, Florida 32399-0800

Nova Casualty Company

726 Exchange Street, Suite 1020

Buffalo, New York 14210

Gail Hess

Landscape Nursery, Inc.

1955 South Apopka Vineland Road

Orlando, Florida 32835

Joseph Shay

Designing Women Landscaping and Nursery

6275 West State Road 46

Sanford, Florida 32771

NOTICE 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.