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~ IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
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9~~~ FOR ST. LUCIE COUNTY,
~ FLORIDA
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FILE N0: 80-357-CP '+
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IN RE: Guardianship of -~ _ ~
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LEONA 24 , COOK , .. a~ i~
Incompetent. - ~-
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!1 D T L' D
UDOI1 Y'eCe1Dt of - the Per_ir.i~n [~f .Tf1V Nf1RTN PT?.r1~1FR aY-~i r}.o
Petition of DAVID P. MYERS~ M.D., for the Guardianship of LEONA M.
COOK, Incompetent~ and upon ?ybtion of the Guardian ad litem to mar-
shall the assets of the Incompetent and to impress a trust thereon,
the Court having conducted a hearing in open court, having admitted
evidence and heard the testimony, having heard argument of counsel,
and being otherwise fully advised in the premises, the Court finds
as follows:
A, Petitioner, JOY NORTH PILCHER, and LEONA M. COOK, the
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Yncompetent, shared a confidential relationship.
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B. That because of this confidential relationship, Peti-
tioner, JOY NORTH PILCHER, owed a fiduciary duty to LEONA M. COOK,
the Incompetent. ~
C. The confidential relationship and fiduciary duty were
breached by Petitioner, JOY NORTH PILCHER, and the conveyance of the
Incompetent's assets to Petitioner. JOY N~JRTH PILCHER, cotmnencing in
January, 1980, were fradulently procured and should be set aside.
NOt~, THEREFORE~ ~T IS ORDERED AND ADJUDGED as follows:
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1. The Amended Petition for Appointment of Guardian filed
by JOY NORTH.PILCHER and dated November 15, 1980 is denied.
2. The Petition for Appointment of Guardian filed by DAVID ~
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P. MYERS, M.D., dated December 6, 1980, is granted and DAVID P. MYERS, ~
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M.D. is hereby appointed as guardian of the person and property of
LEONA t4. COOK, Incompetent, providing further that DAVID P. MYERS, M.D. `
is required to file a bond in the amount of One Hundred Thousand
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