Florida District Courts of Appeal, 1989

Weinkle v. Hotel & Restaurant Employees & Bartenders International Union

Florida District Courts of Appeal · Decided June 6, 1989 · Cope, Letts, Schwartz

545 So. 2d 386; 14 Fla. L. Weekly 1367; 1989 Fla. App. LEXIS 3135; 1989 WL 59574 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The final summary judgment under review is reversed because the plaintiff-appel-lee failed conclusively to establish the absence of a genuine issue of material fact as to whether the parties entered into a valid and enforceable novation reducing the amount of the guarantee upon which the defendant-appellant is liable. Accordingly, *387the judgment is reversed for further proceedings not inconsistent herewith.1

. Specifically, this opinion permits the entry of a non-final order, see Fontainebleau Hotel Corp. v. Young, 162 So.2d 303 (Fla. 3d DCA 1964), that, as appears as a matter of law, the appellant is liable for the amount of the reduced guarantee, less any sums which have been paid.

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