UNITED AUTOMOBILE INSURANCE COMPANY,
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O LUCAS BOTERO,
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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] Collateral estoppel requires identity of parties, and this element is not satisfied when a defendant's legal identity changes based on different assignors in successive c…
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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.”
The court's explanation for why collateral estoppel could not apply in this context.
United Automobile Insurance Company appealed a County Court judgment in Miami-Dade County involving Millennium Radiology, LLC d/b/a Millennium Open MR…
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Third District Court of Appeal State of Florida
Opinion filed August 17, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-86 Lower Tribunal No. 13-128 SP ________________
United Automobile Insurance Company, Appellant,
vs.
Millennium Radiology, LLC d/b/a Millennium Open MRI, a/a/o Lucas Botero, Appellee.
An Appeal from the County Court for Miami-Dade County, Chiaka Ihekwaba, 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 EMAS, SCALES and GORDO, JJ.
PER CURIAM.
2
We reverse and remand consistent with our 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.