UNITED AUTOMOBILE INSURANCE COMPANY, ETC.,
v.
MILLENNIUM RADIOLOGY, LLC, ETC.,
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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 this element is not satisfied when a defendant's legal identity changes from case to case based on different assigno…
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 a case against Millennium Radiology, LLC. The appeal involved the applicabilit…
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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. 3D21-2276 Lower Tribunal No. 12-15150 SP ________________
United Automobile Insurance Company, etc., Appellant,
vs.
Millennium Radiology, LLC, etc., Appellee.
An Appeal from the County Court for Miami-Dade County, Natalie Moore, 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 FERNANDEZ, C.J., and EMAS and LINDSEY, 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.