UNITED AUTOMOBILE INSURANCE COMPANY,
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O ALEXANDER FIALLO-BATISTA,
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The identity element of collateral estoppel is not satisfied when a party's identity changes based on different assignors across separate cases.
[1] The identity element of collateral estoppel requires that a party maintain the same identity across cases; when a party's identity derives from different assignors in sep…
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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.”
Court's explanation for why collateral estoppel does not apply
United Automobile Insurance Company appealed a county court decision involving Millennium Radiology, LLC, which operated under different identities de…
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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. 3D21-2162 Lower Tribunal No. 13-2263 SP ________________
United Automobile Insurance Company, Appellant,
vs.
Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Alexander Fiallo-Batista, Appellee.
An Appeal from the County Court for Miami-Dade County, Myriam Lehr, 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 LINDSEY, JJ.
PER CURIAM.
2
We reverse and remand consistent with our decision in United Automobile Insurance Company v. Millennium Radiology, LLC, 47 Fla. L. 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.”).