UNITED AUTOMOBILE INSURANCE COMPANY
v.
BEST AMERICAN DIAGNOSTIC CENTER, INC., A/A/O MIRLENE SAM
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Collateral estoppel does not satisfy the identity of parties element when the assignees and medical providers are identical but the insured or assignor is different.
[1] The identity of parties requirement for collateral estoppel is not satisfied merely because assignees and medical providers are identical when the insured or assignor is…
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Join FLexlaw to unlock all legal intelligenceUnited Automobile Insurance Company appealed a summary judgment entered in favor of Best American Diagnostic Center, Inc. in Miami-Dade County. The pa…
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Opinion filed March 16, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-715 Lower Tribunal No. 12-2840 SP ________________
United Automobile Insurance Company,
Appellant,
vs.
Best American Diagnostic Center, Inc., a/a/o Mirlene Sam, Appellee.
An Appeal from the County Court for Miami-Dade County, Ayana Harris, Judge. Michael J. Neimand, for appellant. David B. Pakula, P.A., and David B. Pakula (Pembroke Pines); Marks & Fleischer, P.A., and Gary Marks (Ft. Lauderdale), for appellee. Before EMAS, GORDO and BOKOR, JJ. GORDO, J.
United Automobile Insurance Company, appeals a final summary judgment entered in favor of Best American Diagnostic Center, Inc. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). United Auto argues on appeal that “the identity of the parties” element of collateral estoppel is not met where the assignees and medical providers are identical but the insured or assignor is different. While we recognize that the trial court was without the benefit of our decision in United Auto. Ins. Co. v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175a (Fla. 3d DCA Jan. 12, 2022) at the time judgment was rendered, we nonetheless agree. Accordingly, we reverse and remand.
Reversed and remanded.