UNITED AUTOMOBILE INSURANCE COMPANY,
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O YOENSY POLO,
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Collateral estoppel does not apply when the defendant's identity changes based on different assignors across multiple cases.
[1] The identity element of collateral estoppel is not satisfied when a party's legal identity changes based on different assignors across multiple cases, as the party draws…
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 did not apply in this case.
United Automobile Insurance Company appealed a county court decision involving Millennium Radiology, LLC, d/b/a Millennium Open MRI. The case involved…
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Third District Court of Appeal State of Florida
Opinion filed March 16, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-581 Lower Tribunal No. 12-9614 SP ________________
United Automobile Insurance Company, etc., Appellant,
vs.
Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Yoensy Polo, 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); and Marks & Fleischer, P.A., and Gary Marks (Fort Lauderdale), for appellee.
Before FERNANDEZ, C.J., and LINDSEY and HENDON, JJ.
PER CURIAM.
2
We reverse and remand consistent with our recent decision in United Automobile Insurance Co. v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175 (Fla. 3d DCA Jan. 12, 2022) (“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.”).
Reversed and remanded.