UNITED AUTOMOBILE INSURANCE COMPANY, ETC.,
v.
MILLENNIUM RADIOLOGY, LLC, A/A/O VIDAL PEREZ GARCIA,

Fla. 3d DCA | 2022-07-20
No. 21-2274
Lehr, J., Logue, 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 from case to case based on different assignors, as the identity element of collateral estoppel is not satisfied.


Headnotes

[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

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.”

The court's explanation for why collateral estoppel does not apply in this context

Facts & Procedural History

United Automobile Insurance Company appealed a County Court judgment in Miami-Dade County involving Millennium Radiology, LLC, which was assigned clai…

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 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.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw