In the Matter of a           	) 
 Mail Dispute Between         	) February 11, l988 
                                 ) 
 GUIDO A. ECHEVARRIA, SR.     	) 
                                 ) 
      and                        ) 
                                 ) 
 BRYAN A. MILLER, JR.         	) P.S. Docket No. MD-7 

 APPEARANCE FOR GUIDO A.    	Peter N. Leavy, Esq. 
    ECHEVARRIA, SR.         	King, Leavy, Rabin & Lancaster 
                            	6301 Sunset Drive 
                            	Suite 201-203 
                            	South Miami, FL  33143-4881 

 APPEARANCE FOR BRYAN W.       Pro   Se 
    MILLER:

This mail dispute matter has been docketed pursuant to Domestic Mail Manual 153.72 which requires regional counsel to forward certain unresolved mail disputes to this department for decision. The mail in dispute is presently being returned to sender because of the large number of accountable items involved and large volume making storage a problem. Both parties have filed the submittals required by the rules of practice and comments permitted thereby.

1. The mail in dispute is that addressed to C.S.B. Leasing Corp. (CSB), First Florida Leasing, Inc. (First Florida), and Joint

Venture Leasing, Inc. (Venture), at 1840 West 49th Street, Suite #604, Hialeah, FL 33012 and P. O. Box 521106, Miami, FL 33152-1106.

2. Domestic Mail Manual 153.51 provides that where disagreement arises among corporate officers and others connected with the company, the mail is delivered in accordance with the order of the president of the corporation.

3. Both disputants claim to be the president of the corpora- tions involved and have submitted large amounts of documentation purporting to substantiate their claims.

4. Among the significant documents in the file are the following:

(a) Certificates of the Secretary of State of the State of Florida dated November 9, l987 , certifying that Bryan W. Miller, Jr., is president and director of CSB, president and registered agent of First Florida, and director and registered agent of Venture.

(b) A certificate of corporate resolution dated November 10, 1987 , certifying that at a meeting of the stockholders and boards of directors of CSB, First Florida, and Venture on October 30, l987 , Bryan W. Miller, Jr. was discharged as an officer, director, employee, agent, and representative of all three corporations.

(c) Articles of Amendment of CSB Articles of Incorpora- tion, dated November 16, l987 , showing that Guido A. Echevarria, Sr., was elected president of CSB on that date (filed with Secretary of State on November 17, l987).

(e) Certificates of Secretary of State of the State of Florida dated November 24, l987 , certifying that Guido A. Echevarria, Sr., is president of CSB, Venture, and First Florida.

(f) Certificates of CSB and First Florida corporate resolutions adopted December 4, l987 , resolving that Guido A. Echevarria, Sr. et al., are former employees of CSB and First Florida fired by Bryan W. Miller, Jr., identified in the resolutions as chief executive officer, and authorizing Miller to retain an attorney to take legal action to obtain an injunction against Echevarria. These resolutions state that no meeting of the boards of directors was held on October 30, l987 (see (b) above).

(g) Articles of Amendment of Articles of Incorporation of First Florida, showing Bryan W. Miller, Jr., to be president of that corporation (filed with Secretary of State on December 10, l987).

(h) Articles of Amendment of Articles of Incorporation of Venture, dated December 21, l987 , showing Bryan W. Miller, Jr., elected president of the corporation on that date.

(i) A civil action summons and complaint in a case styled Bryan W. Miller, Jr., Plaintiff, vs. Guido A. Echevarria, Sr., (et al.), Defendants, in the Circuit Court of the 11th Judicial District in and for Dade County, Florida. The portion of the complaint in the file indicates that Miller seeks temporary and permanent injunctions against the defendants in connection with alleged

wrongful actions taken by them with respect to CSB and First Florida. The Complaint also asks for the appointment of a receiver to take possession of and manage the corporations.

5. The sworn statements and the comments filed by the disputants are replete with charges and countercharges of conspiracy, fraud, perjury, and misrepresentation bearing on corporate resolutions, certificates of the Secretary of State, and other documents relevant to a determination as to which disputant is, in fact, the president of the corporations involved.

Deciding who is the lawful president of the corporations involved in this dispute requires determination of a number of subsidiary questions involving property rights and alleged wrong- doing on the part of the disputants more properly the province of the local Florida courts which the record indicates are, or are about to become, involved. These questions cannot be administra- tively resolved with any degree of certainty on the basis of the voluminous record and the numerous areas of conflict it reveals. Until the parties appoint a receiver for the delivery of mail or secure a court order directing delivery, the postmaster should continue to return the disputed mail to sender as provided in the proposed order annexed hereto.

                               Quentin E. Grant 
                               Chief Administrative Law Judge 

All mail addressed to C.S.B. Leasing Corp., First Florida Leasing, Inc., and Joint Venture Leasing, Inc., at 1840 West 49th Street, Suite #604, Hialeah, FL 33012 or P. O. Box 521106, Miami, FL 33152-1106, shall be returned to sender until the parties appoint a receiver for the delivery of mail or secure a court order directing delivery.

James A. Cohen Judicial Officer