Third District Court of Appeal
State of Florida
Opinion filed March 9, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-0512
Lower Tribunal No. 12-24080 SP
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United Automobile Insurance Company,
Appellant,
vs.
Millennium Radiology, LLC, a/a/o Milunka Cabrera,
Appellee.
An Appeal from the County Court for Miami-Dade County, Ayana
Harris, Judge.
Michael J. Neimand, for appellant.
Marks & Fleischer, P.A., and Gary Marks (Fort Lauderdale); and David
B. Pakula, P.A., and David B. Pakula (Pembroke Pines), for appellee.
Before LOGUE, HENDON and LOBREE, JJ.
PER CURIAM.
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, 47 Fla. L. Weekly D175a (Fla. 3d DCA Jan. 12, 2022), at
the time judgment was rendered, we agree. Accordingly, we reverse and
remand the order under review.
Reversed and remanded.
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