UNITED AUTOMOBILE INSURANCE COMPANY, ETC.,
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O JENNIFER M. ALVAREZ,

Fla. 3d DCA | 2022-03-16
No. 21-0582
Singer Stein, J., Logue, J., Hendon, J., Lobree, J.
Florida District Court of Appeal, Third District (2022)

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Holding

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.


Headnotes

[1] A party's identity for purposes of the collateral estoppel doctrine is determined by its assignor, and when a party draws its identity from different assignors in differe…

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Key Quotes

“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 context.

Facts & Procedural History

United Automobile Insurance Company appealed a county court judgment in a case involving Millennium Radiology, LLC, d/b/a Millennium Open MRI. The cas…

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Opinion of the Court
Lobree

Third District Court of Appeal State of Florida

Opinion filed March 16, 2022. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-582 Lower Tribunal No. 12-21765 SP ________________

United Automobile Insurance Company, etc., Appellant,

vs.

Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Jennifer M. Alvarez, Appellee.

An Appeal from the County Court for Miami-Dade County, Linda Singer Stein, 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 LOGUE, HENDON, and LOBREE, JJ.

PER CURIAM.

Reversed and remanded.

Footnotes
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.”).

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