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

Fla. 3d DCA | 2022-06-15
No. 21-2092
Ihekwaba, J., Emas, J., Hendon, J., Bokor, 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 changes based on different assignors across separate cases.


Headnotes

[1] A party's identity for purposes of collateral estoppel is not satisfied when that party draws its identity from different assignors in separate cases, as the identity ele…

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 for why collateral estoppel does not apply in this case

Facts & Procedural History

United Automobile Insurance Company appealed a County Court decision involving Millennium Radiology, LLC, d/b/a Millennium Open MRI. The case involved…

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.


Opinion of the Court
Bokor

Third District Court of Appeal State of Florida

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

________________

No. 3D21-2092 Lower Tribunal No. 13-2271 SP ________________

United Automobile Insurance Company, Appellant,

vs.

Millennium Radiology, LLC, d/b/a Millennium Open MRI, etc., Appellee.

An Appeal from the County Court for Miami-Dade County, Chiaka Ihekwaba, 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 EMAS, HENDON and BOKOR JJ.

PER CURIAM.

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.”). Reversed and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw