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, etc., Appellee.

No. 3D21-2092

Decided: June 15, 2022

Before EMAS, HENDON 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 (Fort Lauderdale), for appellee.

We reverse and remand consistent with our recent decision in United Automobile Insurance Co. v. Millennium Radiology, LLC, 337 So.3d 834 (Fla. 3d DCA Jan. 12, 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.”).

Reversed and remanded.

PER CURIAM.

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