UNITED AUTOMOBILE INSURANCE COMPANY
v.
MILLENNIUM RADIOLOGY, LLC, D/B/A MILLENNIUM OPEN MRI, A/A/O GEORGINA ACOSTA
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United Automobile Insurance Company appealed a summary judgment entered in favor of Millennium Radiology, LLC, arguing that collateral estoppel was improperly applied. The court reversed the summary judgment, finding that Millennium Radiology failed to satisfy the identity of parties requirement for collateral estoppel, particularly where the insured/assignor differed between the prior and current actions.
The court reversed the summary judgment, holding that collateral estoppel is inappropriate where the insured/assignor in the current action differs from the insured/party in the previously decided action, as this fails to satisfy the identity of parties requirement.
[1] Collateral estoppel requires identity of parties, and the doctrine does not apply when the insured assigning a claim to a healthcare provider is different from the party…
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Join FLexlaw to unlock all legal intelligenceMillennium Radiology, LLC sought to invoke collateral estoppel based on a prior judicial decision. United Auto challenged the application of collatera…
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Opinion filed March 16, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-0845 Lower Tribunal No. 13-3506 SP 23 ________________
United Automobile Insurance Company,
Appellant,
vs.
Millennium Radiology, LLC, d/b/a Millennium Open MRI, a/a/o Georgina Acosta, Appellee.
An Appeal from the County Court for Miami-Dade County, Chiaka Ihekwaba, 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 FERNANDEZ, C.J., and EMAS and BOKOR, JJ. BOKOR, J.
United Automobile Insurance Company appeals a final summary judgment entered in favor of Millennium Radiology, LLC. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). United Auto argues on appeal that no collateral estoppel lies where, as here, Millennium Radiology fails to meet the “identity of the parties” element of collateral estoppel. Specifically, the insured assigning his or her claim to Millennium Radiology differs from the insured/assignor in the previously decided action, rendering collateral estoppel inappropriate. After the trial court’s entry of final summary judgment in favor of Millennium Radiology, this court issued its decision in United Automobile Insurance Co. v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175 (Fla. 3d DCA Jan. 12, 2022), which decided the same legal issue in favor of United Auto. Accordingly, we reverse the order on appeal and remand to the trial court for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United Auto. Ins. Co. v. Millennium Radiology, LLC, 47 Fla. L. Weekly D175 (Fla. 3d DCA 2022)