Weinkle v. Hotel & Restaurant Employees & Bartenders International Union

545 So. 2d 386, 14 Fla. L. Weekly 1367, 1989 Fla. App. LEXIS 3135, 1989 WL 59574

• Court: District Court of Appeal of Florida
• Decided: June 6, 1989
• Docket: No. 88-1756
• Status: Published

Opinion

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, the judgment is reversed for further proceedings not inconsistent herewith.¹

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.