UNITED AUTOMOBILE INSURANCE COMPANY,
v.
MILLENNIUM RADIOLOGY, LLC, A/A/O GREGORIO HERNANDEZ-RODRIGUEZ,

Fla. 3d DCA | 2022-03-16
No. 21-0207
Logue, J., Lindsey, J., Lobree, J., Ihekwaba, J.
Florida District Court of Appeal, Third District (2022)

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Holding

Collateral estoppel does not apply when a party's identity changes based on different assignors across multiple cases.


Headnotes

[1] The identity element of collateral estoppel is not satisfied when a party's legal identity varies across multiple cases based on different assignors, as the party draws i…

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Key Quotes

“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 for why collateral estoppel does not apply

Facts & Procedural History

United Automobile Insurance Company appealed a County Court judgment in Miami-Dade County involving Millennium Radiology, LLC, which was assigned clai…

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Opinion of the Court
Lobree

Third District Court of Appeal State of Florida

Opinion filed March 16, 2022. Not final until disposition of timely filed motion for rehearing. ________________

No. 3D21-207 Lower Tribunal No. 13-3504 SP ________________

United Automobile Insurance Company, Appellant,

vs.

Millennium Radiology, LLC, a/a/o Gregorio Hernandez- Rodriguez, 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 (Ft. Lauderdale), for appellee.

Before LOGUE, LINDSEY, and LOBREE, JJ.

PER CURIAM.

We reverse and remand consistent with our recent decision in United Automobile Insurance Company v. Millennium Radiology, LLC, 47 Fla. L.

Footnotes
2 Weekly D175, D177 (Fla. 3d DCA Jan. 12, 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.”).

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