In the Matter of a Mail Dispute ) July 8, 1998
Between )
)
LINDA S. DINGMAN )
)
and )
)
RICHARD A. DINGMAN ) P. S. Docket No. MD 98-158
APPEARANCE FOR DISPUTANT
LINDA S. DINGMAN: Linda S. Dingman
632 Ololu Drive
Winter Park, FL 32789-2821
APPEARANCE FOR DISPUTANT
RICHARD A. DINGMAN: Tanya M. Plaut, Esq.
506 Mariposa Street
P. O. Box 3708
Orlando, FL 32802-3708
On May 18, 1998, an Initial Decision was issued in which an Administrative Judge concluded that all mail addressed to Trevor and/or Tyler Dingman, 2405 Euston Road, Winter Park, FL 32789-3416, is to be delivered as directed by Linda Dingman. Disputant Richard Dingman has filed an appeal from the Initial Decision. Disputant Linda Dingman did not oppose the appeal.
Disputant Richard Dingman contends that, contrary to the determination of the Administrative Judge, he is entitled to delivery of mail addressed to Trevor and Tyler Dingman at the Euston Road address since that is in fact his permanent residence and where he resides with the children when he has custody. On review, the Judicial Officer finds that the record does not support the Administrative Judge's finding that Richard Dingman was only declared the owner of the property at the disputed address, but that neither parent lives there. Mr. Dingman stated in his affidavit the Euston Road address was his permanent residence and Mrs. Dingman has never contested his assertion. As joint custodian, Mr. Dingman is entitled to receive mail addressed to the children at his permanent residence.
Accordingly, after a review of the entire record, Disputant Richard
Dingman's appeal is sustained and the Initial Decision is reversed.
The parties are reminded that this decision determines only the
right to delivery of the mail in dispute, not the ownership of
the mail. If either party receives mail that, more appropriately,
should be received by the other parent, that party is responsible
for forwarding such mail.
James A. Cohen Judicial Officer
TO THE POSTMASTER AT: WINTER PARK, FL 32789-9998
RE: The Mail Dispute Between:
LINDA S. DINGMAN
and
RICHARD A. DINGMAN
P. S. Docket No. MD 98-158
Mail addressed to Trevor and/or Tyler Dingman, 2405 Euston Road,
Winter Park, FL 32789-3416, which is currently being held or
hereafter received, is to be delivered as directed by Richard
A. Dingman.
James A. Cohen
Judicial Officer