UNITED AUTOMOBILE INSURANCE COMPANY v. BEST AMERICAN DIAGNOSTIC CENTER INC (2022)

District Court of Appeal of Florida, Third District.

UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. BEST AMERICAN DIAGNOSTIC CENTER, INC., a/a/o Mirlene Sam, Appellee.

No. 3D21-715

Decided: March 16, 2022

Before EMAS, GORDO and BOKOR, JJ.

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.

United Automobile Insurance Company, appeals a final summary judgment entered in favor of Best American Diagnostic Center, Inc. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). United Auto argues on appeal that “the identity of the parties” element of collateral estoppel is not met where the assignees and medical providers are identical but the insured or assignor is different. While we recognize that the trial court was without the benefit of our decision in United Auto. Ins. 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.

Reversed and remanded.

GORDO, J.

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