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~ IN THE CIRCUIT COURT, IN AND
FOR OSCEOLA COUNTY, FLORIDA
CIVIL ACTION N0. 76-408 ~
JOHN N. SIMS and EDNA SIMS,
his wife,
Plaintiffs,
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BETTY ELLEN SHEPHERD, M ? ~
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De fendant . ~ : ~ ~
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FINAL JUDGMENT
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THIS CAUSE came on for trial on February 17, 1977 on issues made
by the pleadings and after hearing all the evidence offered by-
the parties and argument of counsel, the Court finds that in the ~
light of the presumptions created by a previous order of the
County Judges' Court of this County finding and holding the
defendant to be insane that the plaintiffs have not established
their claim against the defendant by the greater weight of the
evidence; that the defendant has however established her claim
forzescission of the Contract/Agreement for Deed, the sub~ect <
matter of these proceedings and recovery of the down payment of
'i ~7,500.00 from the plaintiffs. The Court, however, finds that
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~ , in order to make plaintiffs whole in any such rescission, the
~ plaintiffs are entitled to recover the rental value whicri they
~ were recovering at the time of the making and entering into the
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contract, in the amQUnt of ~140.00 per month for a total of ~ .
eighteen (18) months or the total sum of $2,520.00; that these
sums ought to be set-off, one against the other, for a net recovery
by the defendant, BETTY ELLEN SHEPHERD, from the plaintiffs in
the total amount of $4,980.OU, and it is upon consideration
thereof,
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' ORDERED AND ADJUDGED:
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~ 1. That on the plaintiffs' claim against the defendant,
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_ the plaintiffs take nothing and go hence without day.
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