UNITED AUTOMOBILE INSURANCE COMPANY
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O VIOLETA C. PUERTO
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United Automobile Insurance Company appeals a summary judgment entered in favor of Millennium Radiology, LLC regarding the applicability of collateral estoppel. The court reversed the summary judgment after issuing a separate decision in a related case that resolved the same legal issue in favor of United Auto.
Collateral estoppel does not apply under these circumstances because Millennium Radiology failed to meet the 'identity of the parties' element of collateral estoppel. The court reversed the summary judgment in favor of Millennium Radiology and remanded the case for further proceedings.
[1] Collateral estoppel requires identity of parties, and therefore does not apply when the insured who assigned a claim differs from the insured party in a previously decide…
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Join FLexlaw to unlock all legal intelligenceUnited Auto challenged whether collateral estoppel could apply where Millennium Radiology sought to use a prior judgment, arguing that the insured/ass…
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Opinion filed March 16, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-0846 Lower Tribunal No. 13-2273-SP ________________
United Automobile Insurance Company,
Appellant,
vs.
Millennium Radiology, LLC, d/b/a/ Millennium Open MRI, a/a/o Violeta C. Puerto, 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, GORDO and BOKOR, JJ. BOKOR, J.
United Automobile Insurance Company appeals a final summary judgment entered in favor of Millennium Radiology, LLC. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). United Auto argues on appeal that no collateral estoppel lies where, as here, Millennium Radiology fails to meet the “identity of the parties” element of collateral estoppel. Specifically, the insured assigning his or her claim to Millennium Radiology differs from the insured/assignor in the previously decided action, rendering collateral estoppel inappropriate. After the trial court’s entry of final summary judgment in favor of Millennium Radiology, this court issued its decision in United Automobile Insurance Co. v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175 (Fla. 3d DCA Jan. 12, 2022), which decided the same legal issue in favor of United Auto. Accordingly, we reverse the order on appeal and remand to the trial court for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United Auto. Ins. Co. v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175 (Fla. 3d DCA 2022)