UNITED AUTOMOBILE INSURANCE COMPANY,
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O YOENSY POLO,

Fla. 3d DCA | 2022-03-16
No. 21-0581
Fernandez, C.J., Lindsey, J., Hendon, J., Lehr, J.
Florida District Court of Appeal, Third District (2022)

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.


Holding

Collateral estoppel does not apply when the defendant'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 changes based on different assignors across multiple cases, as the party draws…

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

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.”

The court's explanation for why collateral estoppel did not apply in this case.

Facts & Procedural History

United Automobile Insurance Company appealed a county court decision involving Millennium Radiology, LLC, d/b/a Millennium Open MRI. The case involved…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
Fernandez

Third District Court of Appeal State of Florida

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

________________

No. 3D21-581 Lower Tribunal No. 12-9614 SP ________________

United Automobile Insurance Company, etc., Appellant,

vs.

Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Yoensy Polo, Appellee.

An Appeal from the County Court for Miami-Dade County, Myriam Lehr, 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 FERNANDEZ, C.J., and LINDSEY and HENDON, JJ.

PER CURIAM.

2

We reverse and remand consistent with our recent decision in United Automobile Insurance Co. v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175 (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.”).

Reversed and remanded.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw