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

District Court of Appeal of Florida, Third District.

UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. MILLENNIUM RADIOLOGY, LLC, etc., Appellee.

No. 3D21-1779

Decided: August 17, 2022

Before FERNANDEZ, C.J., and SCALES, and HENDON, 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 (“United Auto”) appeals the final judgment entered by the trial court after entry of summary judgment on the reasonableness of a diagnostic test based on the doctrine of collateral estoppel. 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 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.”).

In light of our decision, we decline to address United Auto's second issue on appeal regarding accord and satisfaction since the summary judgment order entered thereon now becomes a non-final, non-appealable order.

Reversed and remanded for further proceedings.

PER CURIAM.

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