SIMKINS INDUSTRIES v. LEXINGTON INS.

No. 96-314.

688 So.2d 348 (1997)

SIMKINS INDUSTRIES, INC., etc., Appellant, v. LEXINGTON INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 12, 1997.


Attorney(s) appearing for the Case

Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel and Alan T. Dimond; Silver and Waldman and Edward A. Licitra and Patricia M. Silver, Miami, for appellant.

Conroy, Simberg, Lewis & Ganon and Hinda Klein, Hollywood, for appellee.

Before NESBITT, FLETCHER and SHEVIN, JJ.


NESBITT, Judge.

Plaintiff-appellant Simkins Industries, Inc. ("Simkins") appeals an order entering final summary judgment in favor of defendant-appellee Lexington Insurance Company ("Lexington"). At issue is Simkins' entitlement to certain insurance proceeds.

Underlying this action are a series of loans from Simkins' predecessor to WAK Limited, Inc. in a total amount of about $5.5 million. WAK executed a promissory note, mortgage, and security agreement in...

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