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 Jean DeVaughn, Appellee.

No. 3D21-2093

Decided: June 15, 2022

Before LOGUE, HENDON and GORDO, JJ.

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.

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 “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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