Crandall Medical Consulting, LLC, Davis v. Gainey, Brown
CourtDistrict Court of Appeal of Florida
Date FiledOctober 7, 2026
Docket1D2025-2124
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D2025-2124
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CRANDALL MEDICAL
CONSULTING, LLC, and
BRAANDON DAVIS,
Appellants,
v.
JOHN L. GAINEY, as Personal
Representative of the Estate of
Nazariah Brown,
Appellee.
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On appeal from the Circuit Court for Alachua County.
Gloria R. Walker, Judge.
October 7, 2026
BILBREY, J.
Crandall Medical Consulting, LLC, and its employee,
Braandon Davis appeal the nonfinal order denying their joint
motion for summary judgment. 1 At issue is 1) whether the
Appellants were agents of the State of Florida for purposes of
1 The nonfinal order on appeal is reviewable under rules
9.130(a)(3)(F)(ii) and (F)(iii), Florida Rules of Appellate Procedure
because it denies a motion that “asserts immunity under section
768.28(9), Florida Statutes” and “that asserts entitlement to
sovereign immunity.”
sovereign immunity and 2) whether this question was answerable
as a matter of law based on the parties’ record materials in
supporting and opposing summary judgment and the governing
statutes and case law. Since we answer both questions
affirmatively, the order on appeal is reversed with instructions
that final judgment be entered for Appellants.
“Because of the separation of powers principles that animate
the doctrine, and because it provides both immunity from suit and
immunity from liability, the Florida Supreme Court instructs that
‘entitlement to sovereign immunity should be established as early
in the litigation as possible.’” Fla. Virtual Sch. v. Calfee, 425 So. 3d
78, 82 (Fla. 6th DCA 2025) (quoting Fla. Highway Patrol v.
Jackson, 288 So. 3d 1179, 1185 (Fla. 2020)). Early determination
of individual or contractor immunity under section 768.28(9)(a),
Florida Statutes (2022), is particularly necessary because “if a
defendant who is entitled to the immunity granted in section
768.28(9)(a) is erroneously named as a party defendant and is
required to stand trial, that individual has effectively lost the right
bestowed by the statute to be protected from even being named as
a defendant.” Keck v. Eminisor, 104 So. 3d 359, 366 (Fla. 2012).
An order denying a motion for summary judgment based on
sovereign immunity is reviewed de novo. Nocco v. Wilcox, 414
So. 3d 302, 305 (Fla. 2d DCA 2025).
Appellants are two of the defendants named in John Gainey’s
twelve-count amended complaint for damages allegedly suffered
by Gainey’s nephew, Nazariah Brown. 2 Mr. Brown was a young
adult man with complex medical needs. He lived with his mother
and other family members until August 18, 2022, when the family
lost the lease on their home. The Department of Children and
Families became involved with Mr. Brown’s family in May 2022,
when the family’s housing situation became precarious. To keep
2 Mr. Brown died while the lawsuit was pending. John Gainey
was previously Mr. Brown’s guardian and is now the personal
representative for Mr. Brown’s estate. Case number 1D2025-2106
involves similar issues and allegations with the Department of
Children and Families claiming sovereign immunity applies to it
too.
2
Mr. Brown from becoming homeless, and with his mother’s written
consent, Department personnel placed Mr. Brown in a group home
on an emergency basis. In August 2022, the Agency for Persons
with Disabilities (APD) assumed responsibility for Mr. Brown’s
services under chapter 393, Florida Statutes (2022). 3
In his amended complaint, Gainey alleged that Crandall
Medical “served as an APD-licensed medical consulting group”
responsible for assessing Mr. Brown’s needs, preparing a waiver
support coordination plan, and monitoring service providers of Mr.
Brown’s services. See § 393.0651, Fla. Stat. And Gainey alleged
that Davis was the Crandall Medical employee responsible for
preparing Mr. Brown’s waiver support plan and taking actions
necessary to protect Mr. Brown’s safety and well-being. Crandall
Medical and Davis admitted the allegations. But according to
Gainey’s amended complaint, Crandall Medical and Davis failed
their duties to provide Mr. Brown with a waiver support
coordination plan, failed to monitor Mr. Brown’s condition, failed
to see that Mr. Brown’s needs were met, and failed to transfer Mr.
Brown to a facility able to meet his needs.
Count 10 of the amended complaint alleged that Davis’s
performance or non-performance of the Medicare Waiver Services
for Mr. Brown violated Mr. Brown’s rights under section 393.13,
Florida Statutes (“The Bill of Rights of Persons with
Developmental Disabilities”) and subjected Davis to liability under
section 393.13(5), Florida Statutes. In count 11, Gainey alleged
that Crandall Medical was vicariously liable, under section
393.13(5), for the negligence of its employees resulting from the
violation of Mr. Brown’s rights under section 393.13(3) and (4).
And in count 12, Gainey alleged that Crandall Medical was
negligent in hiring, training, and supervising its employees and
3 APD is an agency “housed within the Department of
Children and Families for administrative purposes only.” § 20.197,
Fla. Stat. APD is responsible for “providing all services provided
to persons with developmental disabilities under chapter 393,
including the operation of all state institutional programs . . .
established to provide services to persons with developmental
disabilities.” § 20.197(3), Fla. Stat.
3
breached its independent duty to ensure that a proper waiver
support plan for Mr. Brown was in place.
Section 768.28(9)(a), Florida Statutes, states:
An officer, employee, or agent of the state or of any
of its subdivisions may not be held personally liable in
tort or named as a party defendant in any action for any
injury or damage suffered as a result of any act, event, or
omission of action in the scope of her or his employment
or function, unless such officer, employee, or agent acted
in bad faith or with malicious purpose or in a manner
exhibiting wanton and willful disregard of human rights,
safety, or property.
But the amended complaint contained no allegations that Crandall
Medical or Davis acted in bad faith or with malicious purpose or in
a manner exhibiting wanton and willful disregard of human rights,
safety, or property.
Crandall Medical and Davis pleaded their entitlement to
sovereign immunity under section 768.28(9)(a), Florida Statutes,
as an affirmative defense. In their joint motion for summary
judgment, they asserted that they were entitled to judgment as a
matter of law as agents of the State of Florida, acting in the scope
of their function as contractors performing essential governmental
functions under the control or direction of APD. See §§ 393.0651,
.066, .0663, Fla. Stat. As agents of State acting through APD,
Appellants argued that sovereign immunity under section
768.28(9)(a) rendered them immune from suit for their acts or
omissions in providing support coordination services under Florida
Medicaid Waiver programs.
To support their motion, Crandall Medical and Davis
submitted the transcripts of the depositions of both Daniel
Crandall, owner and founder of the company, and Davis. The
depositions established that they were assigned by APD to Mr.
Brown’s case in late October or early November 2022. Davis
testified in his deposition that he did not act independently of the
assignment by APD, and he had no discretion to reject the
assignment. And Davis stated that he provided case coordination
only to people referred by APD, used APD forms and templates,
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completed APD certification and training, and reported his
activities through a platform monitored by APD.
Gainey did not contest these facts about the process for
assignment of and control over the APD services by Crandall
Medical and Davis. Instead, to contest their status as agents of
APD for purposes of section 768.28(9)(a), Gainey presented the
Medicaid Waiver Services Agreement signed by Davis and an APD
representative in November 2018. Paragraph II.G. of that
Agreement provided that Davis acted “as an independent service
provider” and “not as an officer, employee, or agent of APD.”
After hearing the parties’ arguments, the trial court stated
that “there are just way too many facts in dispute here to grant”
the motion. In its written order, the circuit court found:
[T]here are too many disputed issues of material facts,
including, but not limited to, whether the Agency for
Persons with Disabilities (“APD”) controlled Crandall
and Davis, whether all services provided by Crandall and
Davis were approved by APD, whether all statutory
requirements were fulfilled, whether Crandall and Davis
operated independently from APD, and whether, given
the facts of this case, the exceptions to sovereign
immunity apply.
Considering the record materials submitted by the parties in
support and in opposition to summary judgment under rule
1.510(c), (e)(2), Florida Rules of Civil Procedure, the trial court
applied an incorrect legal standard to deny summary judgment.
Whether the party being contracted with is an agent of the
state turns on the degree of control retained or exercised by the
state agency. Stoll v. Noel, 694 So. 2d 701, 703 (Fla. 1997). When
analyzing the issue of control, the focus should be on “the right to
control, not the actual control . . . .” Villazon v. Prudential Health
Care Plan, Inc., 843 So. 2d 842, 846 (Fla. 2003). In a summary
judgment proceeding, “[i]f a party fails to . . . properly address
another party’s assertion of fact” under rule 1.510(c)(2), “the court
may . . . consider the fact undisputed for purposes of the motion.”
Fla. R. Civ. P. 1.510(e).
5
“Agency status may be decided as a question of law in those
cases where the party opposing summary judgment is unable to
point to any conflicting facts or inferences to be drawn from the
facts.” Lovelace v. G4S Secure Sols. (USA), Inc., 320 So. 3d 178,
188 (Fla. 4th DCA 2021) (citations omitted). Appellants submitted
their depositions supporting their claim to immunity under section
768.28(9)(a) as agents of APD and the degree of control APD
retained over their assignment and provision of services. Gainey’s
opposition was based only on the language of the Medicaid Waiver
Services Agreement, and he did not contest the depositions
submitted by Appellants asserting the facts demonstrating APD’s
control. For purposes of the Appellants’ immunity due to their
status as agents of APD, the contract provision did not preclude
Appellants’ status as agents under section 768.28(9). “An ‘express
intent regarding agency status is to be considered in deciding the
issue, but is not dispositive.’” Lovelace, 320 So. 3d at 188 (quoting
G4S Secure Sols. (USA), Inc. v. Morrow, 210 So. 3d 92, 94 (Fla. 2d
DCA 2016)). “[A]though ‘express intent regarding agency status is
to be considered in deciding the issue’ of control, ‘it is not
dispositive.’” Morrow, 210 So. 3d at 94.
Gainey’s reliance on the contractual provision making
Appellants “independent service providers” did not negate
Appellants’ deposition evidence of the degree of APD’s control over
their services. In discussing independent contractors, the Florida
Supreme Court in Stoll v. Noel stated that “they are not precluded
from being agents of the state–thereby entitling them to statutory
immunity from suit and liability as provided by section 768.28,
Florida Statutes.” 694 So. 2d at 703. The trial court’s finding
disputed issues of “whether the Agency for Persons with
Disabilities (“APD”) controlled Crandall Medical and Davis,
whether all services provided by Crandall Medical and Davis were
approved by APD” and “whether Crandall and Davis operated
independently from APD,” was unsupported by any admissible
evidence submitted by Gainey. See Fla. R Civ. P. 1.510(c). The
facts of APD’s control established by the depositions submitted by
Appellants were undisputed for purposes of the motion for
summary judgment. Fla. R. Civ. P. 1.510(e)(2).
Gainey did not dispute that APD is a state agency, that
Crandall Medical was a certified service provider for APD with no
6
other business than that assigned and supervised by APD, and
that Davis was an employee of APD. Under the law as provided
by section 768.28(9)(a) and explained by Lovelace v. G4S Secure
Sols. (USA), Inc., 320 So. 3d at 188, Appellants were entitled to
summary judgment as a matter of law on their sovereign immunity
defense. See also Naso v. Hall, 338 So. 3d 283, 287 (Fla. 4th DCA
2021). 4
The order on appeal is reversed with instructions to enter
summary judgment for the Appellants.
REVERSED with instructions.
M.K. THOMAS and LONG, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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4 To the extent that Naso and various other cases would apply
section 768.28(2) and (5) to allow only limited sovereign immunity
to a corporation rather than absolute immunity under section
768.28(9), those cases do not apply to Crandall Medical. Crandall
Medical is a Florida limited liability company operating under
chapter 621, Florida Statutes. The limited sovereign immunity in
section 768.28(5) applies to “[t]he state and its agencies and
subdivisions.” Section 768.28(2) defines “state agencies or
subdivisions” to include “corporations primarily acting as
instrumentalities or agencies of the state, counties, or
municipalities.” But an LLC such as Crandall Medical is not a
corporation under Florida law. See generally chapter 607, Florida
Statutes; see also § 607.01401(5), Fla. Stat. (separating
corporations from LLC); Olmstead v. F.T.C., 44 So. 3d 76, 78–80
(Fla. 2010) (explaining LLCs and distinguishing them from
corporations).
7
Rogelio J. Fontela and Jessica E. Keeler of Dennis, Jackson,
Martin, & Fontela, P.A., Tallahassee, for Appellants.
David A. Paul, Christine V. Zharvo, and Debora S. Antisdel of Paul
Trial Group, Winter Park; Alexis S. Gay and Valentina V.
Villalobos of Elite Child Advocacy, PLLC, Tampa; Karen Gievers,
Tallahassee, for Appellee John L. Gainey.
8