17-005293
Amir Ahmad vs.
Citra-Life, Inc., And Platt River Insurance Company, As Surety
Status: Closed
Recommended Order on Friday, December 1, 2017.
Recommended Order on Friday, December 1, 2017.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8AMIR AHMAD,
10Petitioner,
11vs. Case No. 17 - 5293
17CITRA - LIFE, INC., AND PLATT
23RIVER INSURANCE COMPANY, AS
27SURETY,
28Respondents.
29_______________________________/
30RECOMMENDED ORDER OF DI SMISSAL
35The final hearing in this matter was conducted before
44J. Bruce Culpepper, Administrative Law Judge of the Division of
54Administrative Hearings, pursuant to sections 120.569 and
61120.57(1), Florida Statutes (2017), 1/ on November 30, 2017, in
71Tallaha ssee, Florida.
74APPEARANCES
75For Petitioner: No appearance
79For Respondent: No appearance
83STATEMENT OF THE ISSUE
87The issue is whether Respondent, Citra - Life, Inc., LLC, is
98indebted to Petitioner for the purchase of citrus fruit; and, if
109so, in what amount .
114PRELIMINARY STATEMENT
116On June 7, 2017, Petitioner, Amir Ahmad, filed a complaint
126with the Department of Agriculture and Consumer Services (the
135ÐDepartmentÑ) asserting that he was not fully compensated for his
145sale of citrus fruit to Respondent, Citra - Li fe, Inc. (ÐCitra -
158LifeÑ).
159The Department referred this matter to the Division of
168Administrative Hearings (ÐDOAHÑ) on September 14, 2017, and
176requested assignment of an Administrative Law Judge to conduct a
186chapter 120 evidentiary hearing.
190On October 13, 20 17, the undersigned scheduled a final
200hearing on this matter on November 30, 2017. A Notice of Hearing
212was issued notifying the parties of the date, time, and location
223of the final hearing, and other pertinent procedures. The Notice
233of Hearing was mailed to Petitioner and Respondents at their
243respective addresses of record.
247FINDING S OF FACT
2511. The final hearing was convened, as duly noticed, on
261November 30, 2017, at 9:30 a.m. Neither party appeared at the
272final hearing. No evidence was presented by ei ther party. Prior
283to the final hearing, neither party filed any correspondence or
293motions with DOAH requesting a continuance of, or objecting to,
303the hearing date.
306CONCLUSIONS OF LAW
3092. The Division of Administrative Hearings has jurisdiction
317over the p arties and subject matter of this proceeding pursuant
328to sections 120.569 and 120.57(1).
3333. Absent specific statutory authority, the burden of proof
342is on the party asserting the affirmative of an issue in an
354administrative proceeding. Antel v. DepÓt of ProfÓ l Reg. ,
363522 So. 2d 1056 (Fla. 5th DCA 1988); Balino v. DepÓ t of HRS ,
377348 So. 2d 349 (Fla. 1st DCA 1977). The preponderance of the
389evidence standard is applicable to this case. See § 120.57(1)(j),
399Fla. Stat.; DepÓ t of Banking & Fin., Div. of Sec. & Investor
412Prot. v. Osborne Stern & Co. , 670 So. 2d 932 (Fla. 1996).
424Accordingly, Petitioner has the burden of proving, by a
433preponderance of the evidence, that Citra - Life is indebted to him
445for certain services described in his complaint to the Departmen t.
4564. By failing to appear at the final hearing, Petitioner
466failed to present any evidence to meet his burden. Consequently,
476Petitioner did not prove that he is due to be paid by Citra - Life
491in any amount.
494RECOMMENDATION
495Based on the foregoing Findings of Fact and Conclusions of
505Law, it is RECOMMENDED that the De partment of Agriculture and
516Consumer Services enter a final order dismissing PetitionerÓs
524complaint against Citra - Life.
529DONE AND ENTERED this 1st day of December , 2017 , in
539Tallahassee, Leon County, Florida.
543S
544J. BRUCE CULPEPPER
547Administrative Law Judge
550Division of Administrative Hearings
554The DeSoto Building
5571230 Apalachee Parkway
560Tallahassee, Florida 32399 - 3060
565(850) 488 - 9675
569Fax Filing (850) 921 - 6847
575www.doah.sta te.fl.us
577Filed with the Clerk of the
583Division of Administrative Hearings
587this 1st day of December , 2017 .
594ENDNOTE
5951/ All statutory references are to Florida Statutes (2017),
604unless otherwise noted.
607COPIES FURNISHED:
609W. Alan Parkinson, Bureau Chief
614B ureau of Mediation and Enforcement
620Department of Agriculture and
624Consumer Services
626Rhodes Building, R - 3
6312005 Apalachee Parkway
634Tallahassee, Florida 32399 - 6500
639(eServed)
640Amir Ahmad
6424678 San Paulo Court
646Lakeland, Florida 33813
649Platte River Insurance Co mpany
654Attn: Claims Department
657Post Office Box 5900
661Madison, Wisconsin 53705 - 0900
666Citra - Life Inc.
670176 Highway 630 East
674Frostproof, Florida 33843
677Honorable Adam Putnam
680Commissioner of Agriculture
683Department of Agriculture and
687Consumer Services
689The Cap ital, Plaza Level 10
695Tallahassee, Florida 32399 - 0810
700Lorena Holley, General Counsel
704Department of Agriculture and
708Consumer Services
710Mayo Building, Room 520
714407 South Calhoun Street
718Tallahassee, Florida 32399 - 6500
723(eServed)
724Tina Robinson
726Department of Agriculture and
730Consumer Services
732Rhodes Building, R - 3
7372005 Apalachee Parkway
740Tallahassee, Florida 32399 - 6500
745(eServed)
746NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
752All parties have the right to submit written exceptions within
76215 days from the date of this Recommended Order. Any exceptions
773to this Recommended Order should be filed with the agency that
784will issue the Final Order in this case.
- Date
- Proceedings
- PDF:
- Date: 12/01/2017
- Proceedings: Recommended Order of Dismissal (hearing held November 30, 2017). CASE CLOSED.
- PDF:
- Date: 12/01/2017
- Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
- Date: 11/30/2017
- Proceedings: CASE STATUS: Hearing Held.
Case Information
- Judge:
- J. BRUCE CULPEPPER
- Date Filed:
- 09/22/2017
- Date Assignment:
- 09/25/2017
- Last Docket Entry:
- 06/04/2018
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- ADOPTED IN TOTO
Counsels
-
Amir Ahmad
Address of Record -
Platte River Insurance Company
Address of Record -
Citra-Life Inc.
Address of Record -
W. Alan Parkinson, Bureau Chief
Address of Record -
Winfrey A Parkinson, Bureau Chief
Address of Record