UNITED AUTOMOBILE INSURANCE COMPANY,
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O HOMAR HUTCHINSON-CABRERA,
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The identity element of collateral estoppel is not satisfied when a party's identity changes based on different assignors across multiple cases.
[1] The identity element of collateral estoppel is not satisfied when a party's identity varies across multiple cases based on different assignors.
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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 for why collateral estoppel does not apply
United Automobile Insurance Company appealed a county court decision involving Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Homar Hutch…
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Third District Court of Appeal State of Florida
Opinion filed July 20, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-2336 Lower Tribunal No. 13-2423 SP ________________
United Automobile Insurance Company, Appellant,
vs.
Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Homar Hutchinson-Cabrera, 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 (Ft. Lauderdale), for appellee.
Before LOGUE, SCALES, and BOKOR, JJ.
PER CURIAM.
2
We reverse and remand consistent with our decision in United Automobile Insurance Company 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.”).