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

Fla. 3d DCA | 2022-07-20
No. 21-2273
Moore, J., Emas, J., Gordo, J., Bokor, 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 a party's identity is not the same across cases because the identity element of collateral estoppel is not satisfied.

Headnotes

[1] The identity element of collateral estoppel is not satisfied when a party's identity varies across cases depending on its assignor in each case.

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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.”

The court's explanation for why collateral estoppel does 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, a/a/o Rosaly Berm…

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Topics
Insurance Claim Dispute

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Opinion of the Court
Bokor

Third District Court of Appeal State of Florida

Opinion filed July 20, 2022. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-2273 Lower Tribunal No. 12-15168 SP ________________

United Automobile Insurance Company, Appellant,

vs.

Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Rosaly Bermudez, Appellee.

An Appeal from the County Court for Miami-Dade County, Natalie Moore, Judge.

Michael J. Neimand, for appellant.

David B. Pakula, P.A., and David B. Pakula (Pembroke Pines); Marks & Fleischer, P.A., and Gary Marks (Fort Lauderdale), for appellee.

Before EMAS, GORDO and BOKOR, JJ.

PER CURIAM.

Footnotes
2 We reverse and remand consistent with our decision in United Auto. Ins. Co. v. Millennium Radiology, LLC, 337 So. 3d 834, 837 (Fla. 3d DCA 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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