UNITED AUTOMOBILE INSURANCE COMPANY,
v.
BEST AMERICAN DIAGNOSTIC CENTER, INC., A/A/O MARTHA SAIZ,
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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 element for purposes of collateral estoppel is not satisfied when the party draws its identity from different assignors in successive cases, as the ide…
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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 of why collateral estoppel does not apply when a party's identity changes based on different assignors
United Automobile Insurance Company appealed a County Court decision involving Best American Diagnostic Center, Inc. The case involved issues of colla…
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Third District Court of Appeal State of Florida
Opinion filed August 10, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-2337 Lower Tribunal No. 11-27638 SP ________________
United Automobile Insurance Company, Appellant,
vs.
Best American Diagnostic Center, Inc. a/a/o Martha Saiz, 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 LINDSEY, HENDON and LOBREE, JJ.
PER CURIAM.
We reverse and remand consistent with our recent decision in United
2 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.