UNITED AUTOMOBILE INSURANCE COMPANY,
v.
BEST AMERICAN DIAGNOSTIC CENTER, INC., A/A/O FRANCISCO BLANCO,
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Collateral estoppel does not apply when a party's identity is not the same across cases because the party draws its identity from different assignors in each case.
[1] Collateral estoppel requires identity of parties, and this element is not satisfied when a party's legal identity changes from case to case based on different assignors.
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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 party identity changes based on assignor
United Automobile Insurance Company appealed a County Court decision involving Best American Diagnostic Center, Inc., a/a/o Francisco Blanco. The case…
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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. 3D21-2372 Lower Tribunal No. 11-27633 SP ________________
United Automobile Insurance Company, Appellant,
vs.
Best American Diagnostic Center, Inc., a/a/o Francisco Blanco, 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 LOGUE, GORDO and BOKOR, JJ.
PER CURIAM.
2
We reverse and remand consistent with our decision in United Auto. Ins. 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.