UNITED AUTOMOBILE INSURANCE COMPANY,
v.
BEST AMERICAN DIAGNOSTIC CENTER, INC. A/A/O JORGE L. FERNANDEZ,
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
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 is derived from different assignors in separate case…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
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 of why collateral estoppel does not apply when a party's identity varies based on its assignor.
United Automobile Insurance Company appealed a county court decision involving Best American Diagnostic Center, Inc., a/a/o Jorge L. Fernandez. The ca…
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Third District Court of Appeal State of Florida
Opinion filed March 16, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-319 Lower Tribunal Nos. 20-273 AP, 11-27644 SP ________________
United Automobile Insurance Company, etc., Appellant,
vs.
Best American Diagnostic Center, Inc., a/a/o Jorge L. Fernandez, 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); and Marks & Fleischer, P.A., and Gary Marks (Fort Lauderdale), for appellee.
Before LOGUE, HENDON, and LOBREE, JJ.
PER CURIAM.
Reversed and remanded.