Opinion
No. 88-1756.
June 6, 1989.
An Appeal from the Circuit Court for Dade County, Leonard Rivkind, Judge.
Michael Winer, Fort Lauderdale, for appellant.
Allan M. Elster, Miami, for appellee.
Before SCHWARTZ, C.J., COPE, J., and GAVIN K. LETTS, Associate Judge.
The final summary judgment under review is reversed because the plaintiff-appellee 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.
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.