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UNITED AUTOMOBILE INSURANCE COMPANY v. BEST AMERICAN DIAGNOSTIC CENTER INC (2022)

District Court of Appeal of Florida, Third District.2022-08-10No. No. 3D21-2402

Authorities cited

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Opinion

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) (“Millenniums ‘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.

PER CURIAM.