UNITED AUTOMOBILE INSURANCE COMPANY,
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O YADIRA COSTA,

Fla. 3d DCA | 2022-03-23
No. 21-0322
Harris, J., Logue, J., Lindsey, J., Lobree, J.
Florida District Court of Appeal, Third District (2022)

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Holding

Collateral estoppel does not apply when the defendant's identity is not the same across cases because the defendant draws its identity from different assignors in each case.


Headnotes

[1] The identity element of collateral estoppel is not satisfied when a defendant's identity varies across cases because the defendant draws its identity from different assig…

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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.”

Court's explanation for why collateral estoppel does not apply

Facts & Procedural History

United Automobile Insurance Company appealed a county court decision involving Millennium Radiology, LLC, d/b/a Millennium Open MRI, in a case related…

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Opinion of the Court
Lobree

Third District Court of Appeal State of Florida

Opinion filed March 23, 2022. Not final until disposition of timely filed motion for rehearing. ________________

No. 3D21-322 Lower Tribunal Nos. 12-8712 SP & 20-275 AP ________________

United Automobile Insurance Company, Appellant,

vs.

Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Yadira Costa, Appellee.

An Appeal from the County Court for Miami-Dade County, Ayana Harris, 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, LINDSEY, 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.

Footnotes
2 Weekly D175, D177 (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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