In the Matter of a Mail Dispute
Between

MARSHA BURTON GORDON

and

SJW ENTERPRISES, LLC
SUSAN WAKINSHAW, PRESIDENT

P.S. Docket No.  MD 01-334

APPEARANCE FOR DISPUTANT
MARSHA BURTON GORDON:
Marsha Burton Gordon
7670 High Pine Road
Orlando, FL  32819-5165

APPEARANCE FOR DISPUTANT
SJW ENTERPRISES and SUSAN WAKINSHAW:
David R. Lenox, Esq.
Greenspoon, Marder, Hirschfeld Rafkin, Ross & Berger
South Trust Bank Building, Suite 1100
135 West Central Boulevard
Orlando, FL  32801-2478

INITIAL DECISION

            This mail dispute has been docketed pursuant to Postal Operations Manual (POM 8, July 16, 1998 (with Revisions through June 28, 2001)) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution.  The mail in dispute is that addressed to A Flower Bucket Florist, and the surnames Burton and/or Gordon, at 4634 S. Kirkman Road, Orlando, FL 32811-2833.  The Orlando Postmaster is currently holding the mail.

            Both parties submitted sworn statements, along with other documents, in support of their claims to the disputed mail, as required by 39 C.F.R. §965.5.  The following findings of fact are based on all the material filed by the parties, including the materials forwarded by the United States Postal Service Law Department, Atlanta Office.

FINDINGS OF FACT

            1.  Prior to May 2001, Marsha Burton Gordon owned and operated a business called A Flower Bucket Florist, Inc., at 4634 S. Kirkman Road, Orlando, FL 32811-2833.  On May 4, 2001, Susan Wakinshaw, as President of SJW Enterprises, LLC, signed a Standard Asset Purchase Contract, offering to purchase the business and certain assets of the business.  On May 7, 2001, Ms. Gordon signed the "Seller's Acceptance" on the contract form, stating, "I accept the foregoing offer and agree to sell the above-described business and assets on the terms and conditions of the foregoing contract."  (Wakinshaw affidavit, Ex. 1).^[1]

            2.  The contract included the following provisions: 

"21.  BUSINESS MAIL:  Seller agrees that all mail relating to the Business shall be routed to Buyer, and Buyer agrees to promptly forward to Seller any mail personalized to Seller."

*  *  *

"30.  BUSINESS TRADE NAME:  Seller hereby grants Buyer, effective with the Closing of the sale, any and all rights held by Seller in the trade name, A Flower Bucket Florist, any deviations thereof, hereby waives any rights thereto, and shall not, after Closing, make any use of such name, directly or indirectly."

            3.  The Contract stated that the Closing Date for the sale would be May 30, 2001, and the parties signed the Closing Agreement on May 30, 2001.  (Wakinshaw affidavit, Ex. 3; Lavigne affidavit, Ex. C).

            4.  Ms. Wakinshaw, through her corporation SJW Enterprises, is currently operating the flower shop known as A Flower Bucket Florist at 4634 S. Kirkman Road, Orlando, FL  32811-2833.  (Wakinshaw affidavit; Gordon October 24, 2001 letter to post office, attached to Law Department submission).

            5.  On July 17, 2001, Ms. Gordon submitted two PS Forms 3575, Mail Forwarding Change of Address Form, to the Orlando Post Office, directing that mail addressed to A Flower Bucket Florist, Inc., and to the surnames Burton and/or Gordon at the disputed address be forwarded to 7670 High Pine Road, Orlando, FL 32819-5165.  Ms. Wakinshaw protested and this mail dispute arose.  (Gordon affidavit, Ex. 3).

DECISION

            Ms. Gordon's position is that A Flower Bucket Florist, Inc., still exists as a corporation and that she is still President of it.  She states that neither party was aware of the clause in the contract relating to delivery of mail (see Finding #2).  Nevertheless, her complaint seems to be that mail to which she would be entitled under that clause, including money owed for business prior to the sale, is not being forwarded to her by SJW.

            It is not disputed, however, that SJW purchased the right to use the business name and now owns and operates the business.  Under the terms of the sales contract, SJW is entitled to any mail addressed to the business at 4634 S. Kirkman Road, Orlando, FL  32811-2833.  This includes the name A Flower Bucket Florist, or A Flower Bucket Florist, Inc., whether or not the mail also includes the name Burton and/or Gordon.  Also, Section 614.1 of the Postal Operations Manual (POM) provides that mail addressed to an official of an organization or business, or former official, at the business address, shall be delivered to the organization or business.  This, of course, does not negate SJW's responsibility to forward to Ms. Gordon any mail that is intended for her personally.

            This decision deals only with delivery of the mail.  It does not determine ownership of the contents of the mail nor does it attempt to resolve any underlying financial disputes between the parties.

            The Judicial Officer should issue an order to the Orlando Postmaster that any mail addressed to A Flower Bucket Florist, or A Flower Bucket Florist, Inc., or to the surnames Burton and/or Gordon, at 4634 S. Kirkman Road, Orlando, FL 32811-2833 be delivered as addressed.

Bruce R. Houston
Chief Administrative Law Judge

     [1]  A more legible copy of the contract is attached as Ex. A to the affidavit of James Lavigne.