UNITED AUTOMOBILE INSURANCE COMPANY, vs BEST AMERICAN DIAGNOSTIC CENTER, INC., A/A/O MARTHA SAIZ,

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Third District Court of Appeal State of Florida Opinion filed August 10, 2022. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D21-2337 Lower Tribunal No. 11-27638 SP ________________ United Automobile Insurance Company, Appellant, vs. Best American Diagnostic Center, Inc. a/a/o Martha Saiz, 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 (Fort Lauderdale), for appellee. Before LINDSEY, HENDON and LOBREE, JJ. PER CURIAM. We reverse and remand consistent with our recent decision in United Automobile Insurance Co. v. Millennium Radiology, LLC, 337 So. 3d 834, 837 (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. 2

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