UNITED AUTOMOBILE INSURANCE COMPANY, ETC.,
v.
MILLENNIUM RADIOLOGY, LLC, A/A/O VIDAL PEREZ GARCIA,
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Collateral estoppel does not apply when a party's identity changes from case to case based on different assignors, as the identity element of collateral estoppel is not satisfied.
[1] A party's identity for purposes of the collateral estoppel doctrine is not satisfied when the party's identity varies from case to case based on different assignors, prev…
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 in this context
United Automobile Insurance Company appealed a County Court judgment in Miami-Dade County involving Millennium Radiology, LLC, which was assigned clai…
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Third District Court of Appeal State of Florida
Opinion filed July 20, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-2274 Lower Tribunal No. 13-5272 SP ________________
United Automobile Insurance Company, etc., Appellant,
vs.
Millennium Radiology, LLC, a/a/o Vidal Perez Garcia, 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 (Fort Lauderdale), for appellee.
Before LOGUE, HENDON and BOKOR, JJ.
PER CURIAM.
2
We reverse and remand consistent with our recent decision in United Automobile Insurance Co. v. Millennium Radiology, LLC, 337 So. 3d 834, 837 (Fla. 3d DCA 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.