UNITED AUTOMOBILE INSURANCE COMPANY,
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O DENISA HERNANDEZ,
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Collateral estoppel does not apply when the assignees and medical providers are identical but the insured or assignor is different.
[1] Collateral estoppel requires identity of parties, which is not satisfied when the assignees and medical providers are identical but the insured or assignor differs betwee…
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Join FLexlaw to unlock all legal intelligenceUnited Automobile Insurance Company appealed a final summary judgment entered in favor of Millennium Radiology, LLC. The case involved a dispute over …
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Third District Court of Appeal State of Florida
Opinion filed June 15, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-1780 Lower Tribunal No. 13-2431 SP ________________
United Automobile Insurance Company, Appellant,
vs.
Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Denisa Hernandez, Appellee.
An Appeal from the County Court for Miami-Dade County, Natalie Moore, 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 FERNANDEZ, C.J., and GORDO and BOKOR, JJ.
GORDO, J.
2
United Automobile Insurance Company appeals a final summary judgment entered in favor of Millennium Radiology, LLC. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). United Auto argues on appeal that “the identity of the parties” element of collateral estoppel is not met where the assignees and medical providers are identical but the insured or assignor is different. While we recognize that the trial court was without the benefit of our decision in United Auto. Ins. Co. v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175a (Fla. 3d DCA Jan. 12, 2022) at the time judgment was rendered, we nonetheless agree. Accordingly, we reverse and remand. Reversed and remanded.