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WEINKLE v. HOTEL AND RESTAURANT EMP. AND BARTENDERS INTERN. UNION

No. 88-1756.

545 So.2d 386 (1989)

Jerome WEINKLE, Appellant, v. HOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS INTERNATIONAL UNION, Appellee.

District Court of Appeal of Florida, Third District.

June 6, 1989.

Attorney(s) appearing for the Case

Michael Winer, Fort Lauderdale, for appellant.

Allan M. Elster, Miami, for appellee.

Before SCHWARTZ, C.J., COPE, J., and GAVIN K. LETTS, Associate Judge.

PER CURIAM.

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.

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