ANNE L. STEINMETZ, AS EXECUTRIX OF THE ESTATE OF LOUIS C. STEINMETZ, AND FLORIDA INSURANCE EXCHANGE, A FLORIDA CORPORATION, PETITIONERS,
v.
DOYLE CONNER, AS COMMISSIONER OF AGRICULTURE OF FLORIDA, ET AL., RESPONDENTS
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Petitioners sought certiorari review of a Commissioner of Agriculture order finding them indebted to agricultural product suppliers. The court affirmed the Commissioner's findings regarding indebtedness and rejected challenges to the evidentiary sufficiency and the form of complaint filing.
The Commissioner properly found indebtedness based on the affidavits and documentation presented by the claimants. The Commissioner did not err in treating the attorney's letter as a proper complaint under the statute, as petitioners failed to demonstrate that the form noncompliance prejudiced their position or resulted in injustice.
“their respective claims were supported by affidavits and sufficiently documented by invoices and delivery tickets as to form a proper basis for the conclusion reached by the Commissioner”
Establishes that documentary evidence without live testimony can support the Commissioner's findings of indebtedness
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Join FLexlaw to unlock all legal intelligenceSteinmetz was a licensed agricultural product dealer in Florida. Multiple complaints were filed with the Commissioner alleging Steinmetz's failure to …
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Petitioners seek review by certiorari of an order rendered by the Commissioner of Agriculture of Florida pursuant to Section 604.21, Florida Statutes, F.S.A., finding that petitioner Steinmetz is indebted to certain named claimants in the amounts specified in the order.
*39Petitioner Steinmetz was a duly licensed dealer in agricultural products in Florida, having qualified to engage in this business as required by the provisions of Chapter 604, Florida Statutes, F.S.A. Several complaints were filed with the Commissioner alleging failure of Steinmetz to pay for agricultural products purchased by him from the claimants in accordance with the terms of the sales. After hearing at which petitioners offered no evidence in rebuttal of that introduced by the claimants, the order now reviewed was rendered.
By their first point petitioners contend that the Commissioner erred in finding that they are indebted to the claimants Neal and Lindeman. They question the sufficiency of the evidence to support this finding and conclusion. Although neither Neal nor Lindeman appeared at the hearing or offered testimony in their behalf, their respective claims were supported by affidavits and sufficiently documented by invoices and delivery tickets as to form a proper basis for the conclusion reached by the Commissioner.
By their remaining point petitioners contend that the Commissioner erred in accepting the letter received by him from the attorney representing one of the claimants as a complaint filed within the statutory period in substantial compliance with the requirements of the Statute. Although the letter was not in the exact form prescribed by the Commissioner’s regulations, the petitioners have failed to demonstrate that such noncompliance prejudiced their position in any manner, or resulted in an injustice for which no adequate remedy was afforded by law. It is our view that the Commissioner’s action in treating the letter as proper complaint under the Statute did not constitute a departure from the essential requirements of law. Petitioners’ contention in this respect is without merit and must be rejected.
Certiorari is denied.
RAWLS, C. J., and WIGGINTON, and CARROLL, DONALD, K., JJ., concur.
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S. Cucumber Co., Inc. v. Henderson, 432 So. 2d 771 (Fla. 1st DCA 1983)…by Southern. Since the complaints were clearly sufficient to establish the right to an accounting under the pertinent statutes (see footnote 5 and 6, supra), the form of the complaints is of little consequence in this case. See, Steinmetz v. Conner, 190 So. 2d 38 (Fla. 1st DCA 1966). . The growers were not represented by counsel in the proceedings below. Their testimony, although sufficient for purposes of establishing the need for an accounting, was confusing, inconclusive, and at times self-contradictory.…