Simkins Industries, Inc. v. Lexington Insurance Co.

This appeal recurs upon a mandate issued by the Supreme Court of Florida on February 12, 1998. We vacate our previous opinion recorded at 688 So.2d 348, and conform in all respects to the opinion of the Supreme Court recorded at 704 So.2d 1384 (Fla.1998). As directed by that opinion and mandate, we now consider “issues previously raised and left unresolved” in our prior opinion.

We hereby affirm the summary judgment for Lexington on the remaining points presented. We agree with Lexington that Simkins was only entitled to rights arising as a mortgagee rather than as an assignee and that, under…