UNITED AUTOMOBILE INSURANCE COMPANY v. MILLENNIUM RADIOLOGY, LLC, etc.

Third District Court of Appeal
State of Florida
Opinion filed August 17, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1779
Lower Tribunal No. 12-15166 SP
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United Automobile Insurance Company,
Appellant,
vs.
Millennium Radiology, LLC, etc.,
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 SCALES, and HENDON, JJ.
PER CURIAM.
United Automobile Insurance Company (“United Auto”) 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.”).
In light of our decision, we decline to address United Auto’s second
issue on appeal regarding accord and satisfaction since the summary
judgment order entered thereon now becomes a non-final, non-appealable
order.
Reversed and remanded for further proceedings.
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