Third District Court of Appeal
State of Florida
Opinion filed June 15, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1816
Lower Tribunal No. 11-27636-SP
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United Automobile Insurance Company,
Appellant,
vs.
Best American Diagnostic Center, Inc., a/a/o Luz Gonzalez,
Appellee.
An Appeal from the County Court for Miami-Dade County, Natalie
Moore, 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 FERNANDEZ, C.J., and LOGUE, and SCALES, JJ.
PER CURIAM.
United Automobile Insurance Company 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 Company v. Millennium Radiology, LLC, 47
Fla. L. Weekly D175, ––– So. 3d ––––, 2022 WL 107604 *3 (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.
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