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IN THE CIRCUIT COURT OF THE
19TH JUDICIAL CIRCUIT IN AND
FOR ST. LUCIE COUNTY, FLORIDA.
CASE NO. 86-329-CA-13
GEORGIA A. BLANKENBAKER,
Personal Representative of
the Estate o~ Claude Shiver
Plaintiff, ~ ~
vs . - ~
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DARTHIE HALL, f/k/d DARTHIE ` <<~
SHIVER, °
Defendant. ~ ~
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FINAL JUDGMENT N
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THIS CAUSE came before the Court for trial without a
jury-on December 22, 1986. The Court has considered the
testimony, evidence presented and arguments af counsel. At
~ the canclusion of the testimony, the Court gave the parties
one week within which to present further evidence in the form
of bank statements of the Defendant and the decedant tending
to demonstrate any •,aithdrawals or deposits relative to the
expenditures litigated before the Court. No further evidence
was presented.
The sole issue litigated by the parties was the
; Defendant's entitlement to the $898.00 now held in escrow
pursuant to a Stipulation between the parties dated June 30,
1986, and approved by the Court on July 21, 1986.
The Defendant claims she paid the entire cost of
$294.00 for a security door and $1,428.00 for fencing which
went to improve the former residence of Defendant and
_ decedent, and therefore is entitled to one-half of the total
_ thereof from the Plaintiff's portion of the sale proceeds.
t
Since Defendant is making this affirmative claim, she has
the burden of proving she made the entire payment.
The Court feels there was no competent evidence
` contradi~ting Defendant's testimony that she paid for the
_ security door. It is also noted that paid s~atements were
solely in her name. Accordingly, the Court finds she is aue -
an additional ane-half of that cost.
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