Third District Court of Appeal
State of Florida
Opinion filed March 16, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-0845
Lower Tribunal No. 13-3506 SP 23
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United Automobile Insurance Company,
Appellant,
vs.
Millennium Radiology, LLC, d/b/a Millennium Open MRI,
a/a/o Georgina Acosta,
Appellee.
An Appeal from the County Court for Miami-Dade County, Chiaka
Ihekwaba, Judge.
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.
Before FERNANDEZ, C.J., and EMAS and BOKOR, JJ.
BOKOR, J.
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 no collateral estoppel lies where, as here, Millennium Radiology fails to
meet the “identity of the parties” element of collateral estoppel. Specifically,
the insured assigning his or her claim to Millennium Radiology differs from
the insured/assignor in the previously decided action, rendering collateral
estoppel inappropriate. After the trial court’s entry of final summary judgment
in favor of Millennium Radiology, this court issued its decision in United
Automobile Insurance Co. v. Millennium Radiology, LLC, 47 Fla. L. Weekly
D175 (Fla. 3d DCA Jan. 12, 2022), which decided the same legal issue in
favor of United Auto. Accordingly, we reverse the order on appeal and
remand to the trial court for further proceedings.
Reversed and remanded.
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