ALLSTATE FIRE & CASUALTY INSURANCE COMPANY
v.
COMPREHENSIVE SPINE CENTER
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PER CURIAM.
Based on the Third District’s recent decision in Priority Medical Centers, LLC v. Allstate Insurance Co., No. 3D20-291, 2021 WL 1652024 (Fla. 3d DCA Apr. 28, 2021), appellee Comprehensive Spine Center, PLLC a/a/o Maureen Bajon filed a confession of error in this case. We accept the confession of error and reverse and remand for entry of final summary judgment in appellant Allstate’s favor. See Allstate Fire & Cas. Ins. Co. v. Katzell, No. 4D21-1044, 2021 WL 2559656 (Fla. 4th DCA June 23, 2021); Allstate Fire & Cas. Ins. Co. v. Downtown Surgery Ctr., No. 4D21-600, 2021 WL 2692184 (Fla. 4th DCA June 30, 2021).
Reversed and remanded.
CIKLIN, FORST, and KLINGENSMITH, JJ., concur.
* * * FINAL UPON RELEASE; NO MOTION FOR REHEARING WILL BE ENTERTAINED; MANDATE ISSUED SIMULTANEOUSLY WITH OPINION.
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Haldane M. Plunkett v. Commissioner OF Internal Revenue, 465 F.2d 299 (7th Cir. 1972)…al criminal charge. McCarthy v. United States, 394 U. S. 459, 466, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969); Kercheval v. United States, 274 U.S. 220, 223, 47 S.Ct. 582, 71 L.Ed. 1009 (1927). In Arctic Ice Cream Co. v. Commissioner of Internal Revenue, 43 T.C. 68 (1964), a corporate taxpayer was held to be collaterally estopped from denying fraud in a civil proceeding by its previous conviction for tax evasion based upon a guilty plea. In upholding the imposition of a civil fraud penalty, the court declared…
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Armstrong v. The United States, 354 F.2d 274 (Ct. Cl. 1965)…affirming an unreported case (S.D.Fla.1962). The Tax Court then proceeded to distinguish Vassallo and to overrule Safra. The Amos holding was followed by the Tax Court in another decision of the same date: Arctic Ice Cream Company v. Commissioner, 43 T.C. 68. Five Tax Court judges dissented from Amos, in favor of retaining the court’s former rule that a prior conviction is only evi [*290] dence of civil fraud, and does not work an estoppel.26 At the present time, therefore, the weight of the authority…
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