UNITED AUTOMOBILE INSURANCE COMPANY,
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O LEONIDES N. SUAREZ,
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Collateral estoppel cannot be applied when the defendant's legal identity changes from case to case based on different assignors, as the identity element of collateral estoppel is not satisfied.
[1] Collateral estoppel requires identity of parties, and when a defendant's legal identity changes based on different assignors in successive cases, the identity element is…
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“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 across the multiple cases
United Automobile Insurance Company appealed a County Court judgment in Miami-Dade County involving Millennium Radiology, LLC, which operated as Mille…
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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. 3D21-2094 Lower Tribunal No. 12-16563 SP ________________
United Automobile Insurance Company, Appellant,
vs.
Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Leonides N. Suarez, Appellee.
An Appeal from the County Court for Miami-Dade County, Ayana Harris, Judge.
Michael J. Neimand, for appellant.
Marks & Fleischer, P.A., and Gary Marks (Fort Lauderdale); David B. Pakula, P.A., and David B. Pakula (Pembroke Pines), for appellee.
Before FERNANDEZ, C.J., and EMAS and LOBREE, JJ.