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

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.