UNITED AUTOMOBILE INSURANCE COMPANY,
v.
BEST AMERICAN DIAGNOSTIC CENTER, INC., A/A/O AMAURY PENA,
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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] The identity element of collateral estoppel is not satisfied when a party's identity varies from case to case based on different assignors, as the party does not maintain…
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.”
Court's explanation of why collateral estoppel does not apply when a party's identity changes based on different assignors
United Automobile Insurance Company appealed a judgment from Miami-Dade County Court involving Best American Diagnostic Center, Inc., a/a/o Amaury Pen…
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Third District Court of Appeal State of Florida
Opinion filed June 15, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-1814 Lower Tribunal No. 11-27639 SP ________________
United Automobile Insurance Company, Appellant,
vs.
Best American Diagnostic Center, Inc., a/a/o Amaury Pena, Appellee.
An Appeal from the County Court for Miami-Dade County, Natalie Moore, Judge.
Michael J. Neimand, for appellant.
Marks & Fleischer, P.A., and Gary Marks (Fort Lauderdale); and David B. Pakula, P.A., and David B. Pakula (Pembroke Pines), for appellee.
Before LINDSEY, HENDON and LOBREE, JJ.
PER CURIAM.
We reverse and remand consistent with our recent decision in United