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. 3D21-715
Lower Tribunal No. 12-2840 SP
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United Automobile Insurance Company,
Appellant,
vs.
Best American Diagnostic Center, Inc.,
a/a/o Mirlene Sam,
Appellee.
An Appeal from the County Court for Miami-Dade County, Ayana
Harris, Judge.
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.
Before EMAS, GORDO and BOKOR, JJ.
GORDO, J.
United Automobile Insurance Company, appeals a final summary
judgment entered in favor of Best American Diagnostic Center, Inc. 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,
47 Fla. L. Weekly D175a (Fla. 3d DCA Jan. 12, 2022) at the time judgment
was rendered, we nonetheless agree. Accordingly, we reverse and remand.
Reversed and remanded.
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