Third District Court of Appeal
State of Florida
Opinion filed August 10, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-2402
Lower Tribunal No. 11-27645-SP
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United Automobile Insurance Company,
Appellant,
vs.
Best American Diagnostic Center, Inc., a/a/o Genoveva
Rodriguez,
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 FERNANDEZ, C.J., and HENDON, and LOBREE, 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 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.”).
Reversed and remanded.
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