UNITED AUTOMOBILE INSURANCE COMPANY v. MILLENNIUM RADIOLOGY LLC MRI (2022)

District Court of Appeal of Florida, Third District.

UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. MILLENNIUM RADIOLOGY, LLC d/b/a Millennium Open MRI, a/a/o Angel Bauza, Appellee.

No. 3D21-0717

Decided: February 16, 2022

Before SCALES, LINDSEY, and MILLER, JJ.

Michael J. Neimand, House Counsel of United Automobile Insurance Company, for appellant. Marks & Fleischer, P.A., and Gary Marks (Fort Lauderdale), David B. Pakula, P.A., and David B. Pakula (Pembroke Pines), for appellee.

Insurer, United Automobile Insurance Company, challenges a final summary judgment entered in favor of appellee, Millennium Radiology, LLC, in a first-party personal injury protection action. On appeal, United Auto argues the “identity of the parties” element of collateral estoppel is not satisfied where the assignees and medical providers are identical but the insured or assignor is different. Recognizing that the trial court did not have the benefit of our decision in United Automobile Insurance Co. v. Millennium Radiology, LLC, 337 So.3d 834 (Fla. 3d DCA Jan. 12, 2022) at the time judgment was rendered, we nonetheless agree. Accordingly, we reverse and remand the order under review.

Reversed and remanded.

MILLER, J.

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