In the Matter of a Mail Dispute Between:

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. MILLER:

INITIAL DECISION

This mail dispute matter, the subject of an initial decision issued on February 11, l988, was reviewed by the Judicial Officer on his own motion and remanded by him for issuance of another initial decision, this one to decide the facts and resolve the issue raised by the parties. The mail in dispute is that addressed to CSB 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. The issue to be decided is which of the parties is the president of these corporations, as such entitled to direct the delivery of the mail under Domestic Mail Manual, 153.51.

In support of his claim to the presidency, each disputant has submitted numerous documents and statements, some containing charges of conspiracy, fraud, perjury, misappropriation, misrepresentation and other conduct involved in pending, possibly protracted, litigation between the parties in the 11th Judicial Circuit Court of the State of Florida. All material submitted has been carefully reviewed. The documents referred to in the findings of fact below, appear to be those most directly relevant to the limited issue involved and furnish a sound basis for a prompt administrative determination which will reactivate the delivery of mail essential to the continued operation of the corporations involved. A Postal Service determination in this matter concerns only delivery of the mail and is not dispositive of the question of ownership or entitlement to the mail which may well be determined in the pending court litigation with collateral impact on the order issued here (Domestic Mail Manual, 153.51).

FINDINGS OF FACT

1. CSB and First Florida are subsidiaries of Hoskins Leasing, Inc. (Hoskins). Hoskins was owned by disputant Bryan Miller and two other individuals. Venture is a subsidiary of Vista Management, Inc., (Vista).

2. Pursuant to an agreement dated June 10, l986, Potomac Financial Equities, Inc. (PFE) acquired all shares of Hoskins in exchange for 2,100,000 newly issued shares of PFE, 700,000 of which were acquired by Miller. After closing of the agreement, PFE had 6,720,000 shares outstanding, 700,000 owned by Miller and 2.1 million owned collectively by Potomac Holdings, Ltd., Alex Echevarria, and disputant Guido A. Echevarria, Sr.

3. Pursuant to an agreement dated January 28, l987, between Miller, Guido A. Echevarria, Sr. and Potomac Holdings, Ltd. as owners of 5,600,000 (51.28%) share of PFE (Sellers) and Vista Management, Inc. (Buyer) the sellers sold their shares of PFE to Vista in exchange for controlling interest in Vista. The purpose of the agreement was to structure Vista as the parent company of PFE and for PFE to own 100% of Hoskins and its subsidiaries, including CSB and First Florida.

4. An undated voting trust agreement made following the agreement of January 28, l987 (3, above), by Miller, Guido A. Echevarria, Sr. and Potomac Holdings, Ltd., to assure their complete voting control and management of Vista and its subsidiaries (including CSB, First Florida and Venture) recognized Miller as president of Vista and its subsidiaries and chief executive officer of all leasing operations.

5. At a Vista board of directors meeting on July 27, l987, attended by Miller and Guido A. Echevarria, Sr., the board accepted

the resignation of Bryan W. Miller, Jr., as president and chief executive officer of Vista and placed him in charge of funding and sales departments. The board appointed Guido A. Echevarria, Sr. as chairman of the board and chief executive officer.

6. By a unanimous vote at a special meeting of the board of directors of PFE on October 30, l987, Bryan W. Miller was removed as an officer and director of PFE, CSB and First Florida. The removal was based on numerous reasons set forth in the minutes of the meeting.

7. At special meetings of the boards of directors of CSB, First Florida, and Joint Venture held on October 30, l987, Guido A. Echevarria, Sr. was elected president of these corporations.

8. Guido A. Echevarria, Sr.'s presidency of the three corporations is evidenced by amendments to the articles of incorporation thereof filed with the Secretary of State of the State of Florida and by certificates of that official dated November 24, l987.

9. Purported corporate resolutions of CSB and First Florida dated December 4, l987, and amendments of articles of incorporation of CSB, First Florida, and Joint Venture (dated respectively Dec. 9, l987, Dec. 9, l987, and Dec. 21, l987), furnished by disputant Miller to show that he is president of the three corporations, lack evidence of authenticity, regularity and validity sufficient to overcome the evidence supporting findings 6, 7, and 8, supra ,

showing that Guido A. Echevarria, Sr. is president of the three corporations.

CONCLUSIONS OF LAW

1. Domestic Mail Manual 153.51 provides that in case disagreement arises as to delivery of mail addressed to corpora- tions, the mail is delivered in accordance with the order of the president of the corporation.

2. Based on the findings of fact above, I conclude that Guido A. Echevarria, Sr. is the president of CSB Leasing Corp., First Florida Leasing, Inc., and Joint Venture Leasing, Inc. Therefore, mail addressed to the three corporations should be delivered in accordance with his directions.

3. The attached order should be issued.

Quentin E. Grant Chief Administrative Law Judge

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

O R D E R

All mail addressed to CSB 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 delivered in accordance with the directions of Guido A. Echevarria, Sr., president of these corporations.

James A. Cohen Judicial Officer

   TO THE POSTMASTER AT:    Hialeah, FL 33010-9998

                                        RE:    MAIL DISPUTE
                                                 between
                                                 GUIDO A ECHEVARRIA, SR.
                                                 and
                                                 BRYAN W. MILLER, JR.
                                                 P.S. Docket No. MD-7

Enclosed is an order directing the delivery of all mail addressed to:

CSB Leasing Corp.

and

First Florida Leasing, Inc.

and

Joint Venture Leasing, Inc.

at

1840 West 49th Street, Suite #604

Hialeah, FL 33012

James A. Cohen Judicial Officer

  TO THE POSTMASTER AT:    Miami, FL 33152-9998

                                       RE:    MAIL DISPUTE
                                                between
                                                GUIDO A ECHEVARRIA, SR.
                                                and
                                                BRYAN W. MILLER, JR.
                                                P.S. Docket No. MD-7

Enclosed is an order directing the delivery of all mail addressed to:

CSB Leasing Corp.

and

First Florida Leasing, Inc.

and

Joint Venture Leasing, Inc.

at

P. O. Box 521106

Miami, FL 33152-1106