UNITED AUTOMOBILE INSURANCE COMPANY,
v.
BEST AMERICAN DIAGNOSTIC CENTER, INC., A/A/O LUZ GONZALEZ,

Fla. 3d DCA | 2022-06-15
No. 21-1816
Fernandez, C.J., Logue, J., Scales, J., Moore, J.
Florida District Court of Appeal, Third District (2022)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

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

Headnotes

[1] The identity element of collateral estoppel is not satisfied when a party's identity changes from case to case based on different assignors, even if the same party appear…

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
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 of why collateral estoppel does not apply
Facts & Procedural History

United Automobile Insurance Company appealed a final judgment entered after summary judgment on the reasonableness of a diagnostic test. The trial cou…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Topics
Summary Judgment

Explore caselaw by topic → Browse Summary Judgment cases and more on FLexlaw

Opinion of the Court
Fernandez

Third District Court of Appeal State of Florida

Opinion filed June 15, 2022. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-1816 Lower Tribunal No. 11-27636-SP ________________

United Automobile Insurance Company, Appellant,

vs.

Best American Diagnostic Center, Inc., a/a/o Luz Gonzalez, 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 (Ft. Lauderdale), for appellee.

Before FERNANDEZ, C.J., and LOGUE, and SCALES, JJ.

PER CURIAM.

Footnotes
2 United Automobile Insurance Company appeals the final judgment entered by the trial court after entry of summary judgment on the reasonableness of a diagnostic test based on the doctrine of collateral estoppel. We reverse and remand consistent with our recent decision in United Automobile Insurance Company v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175, ––– So. 3d ––––, 2022 WL 107604 *3 (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.

Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw