Upon review of this court's decision filed November 19, 1968, on petition for certiorari filed by the appellee MacNeill, the Supreme Court of Florida (by opinion filed February 25, 1970, and mandate filed herein April 22, 1970) remanded the cause to this court with directions to rule on the correctness vel non of the holding of the trial court that a certain warranty deed given by the appellant O'Neal to the appellee MacNeill was an absolute conveyance and not a transfer for security. O"Neal v. MacNeill, Fla.App. 1968, 216 So.2d 465. MacNeil v. O'Neal, Fla. 1970, 238 So.2d 614.

By its own terms Fla.Stat.Ann. § 697.01 applies to the conveyance of real as well as personal property. Katz argues that O'Neal v. MacNeill, 216 So.2d 465 (Fla.App. 1969) requires us to construe this instrument as an absolute conveyance. In O'Neal the plaintiff advanced money to permit the defendant to exercise an option to purchase certain land.

This deed was accompanied by a letter from respondent stating that if he failed to send the sum due by June 24, 1965, he waived all further rights to the property. The facts surrounding the transactions between the parties are set out in greater detail in the District Court opinion reported at 216 So.2d 465. Petitioner MacNeill brought suit to have the deed declared a mortgage.