UNITED AUTOMOBILE INSURANCE COMPANY,
v.
MILLENNIUM RADIOLOGY, LLC, A/A/O SERAFIN JARAMILLO,
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Collateral estoppel does not apply when a party's identity changes from case to case based on different assignors, as the identity element of collateral estoppel is not satisfied.
[1] The identity element of collateral estoppel is not satisfied when a party's identity varies from case to case based on different assignors, as the party does not maintain…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Millennium's 'identity' is not the same in each of these cases against United Auto; Millennium draws its identity from its assignor from case to case. The identity element of collateral estoppel, therefore, is not satisfied.”
The court's explanation for why collateral estoppel does not apply in this case
United Automobile Insurance Company appealed a county court decision involving Millennium Radiology, LLC, a/a/o Serafin Jaramillo. The case involved a…
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Third District Court of Appeal State of Florida
Opinion filed March 9, 2022. Not final until disposition of timely filed motion for rehearing. ________________
No. 3D21-718 Lower Tribunal No. 13-5270 SP ________________
United Automobile Insurance Company, Appellant,
vs.
Millennium Radiology, LLC, a/a/o Serafin Jaramillo, Appellee.
An Appeal from the County Court for Miami-Dade County, Myriam Lehr, Judge.
Michael J. Neimand, for appellant.
David B. Pakula, P.A. and David B. Pakula (Pembroke Pines); Marks & Fleischer, P.A., and Gary Marks (Fort Lauderdale), for appellee.
Before LOGUE, HENDON, and LOBREE, JJ.
PER CURIAM.
We reverse and remand consistent with our recent decision in United Automobile Insurance Company v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175, D177 (Fla. 3d DCA Jan. 12, 2022) (“Millennium's ‘identity’ is