Full Opinion

USCA11 Case: 25-12009 Document: 28-1 Date Filed: 11/12/2026 Page: 1 of 4 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12009 Non-Argument Calendar ____________________ DENNIE GOSE, Plaintiff, BRENT BERRY, SEAN GOSE, as Personal Representative of the Estate of Deceased Relator Dennie Gose, Plaintiffs-Appellants, UNITED STATES OF AMERICA, Movant-Appellant, versus NATIVE AMERICAN SERVICES CORPORATION, GREAT AMERICAN INSURANCE GROUP, INC., d.b.a. Great American Insurance Company, Defendants-Appellees. USCA11 Case: 25-12009 Document: 28-1 Date Filed: 11/12/2026 Page: 2 of 4 2 Opinion of the Court 25-12009 ____________________ Appeals from the United States District Court for the Middle District of Florida D.C. Docket No. 8:16-cv-03411-KKM-AEP ____________________ Before ROSENBAUM, ABUDU, and TJOFLAT, Circuit Judges. PER CURIAM: Dennie Gose, Sean Gose—as personal representative of the estate of Dennie Gose—and Brent Berry (collectively, “the Rela- tors”) and the Government appeal the District Court’s order grant- ing Native American Services Corporation and Great American In- surance Group, Inc., d/b/a Great American Insurance Company’s (collectively, “the Defendants”) motion for judgment on the plead- ings as to the Relators’ False Claims Act (“FCA”) claims brought pursuant to the Act’s qui tam provisions. The Government moves for summary reversal of the District Court’s order, asserting that the sole basis on which the court granted judgment—that the FCA’s qui tam provisions violate the Appointments Clause—was rejected in United States ex rel. Zafirov v. Florida Medical Associates, LLC, No. 24-13581 (11th Cir. Sep. 1, 2026) (published). The Gov- ernment represents that the Defendants do not oppose the motion for summary reversal, and the Defendants filed no response to the Government’s motion. Summary disposition is appropriate where time is of the es- sence, such as “situations where important public policy issues are involved or those where rights delayed are rights denied,” or where “the position of one of the parties is clearly right as a matter of law USCA11 Case: 25-12009 Document: 28-1 Date Filed: 11/12/2026 Page: 3 of 4 25-12009 Opinion of the Court 3 so that there can be no substantial question as to the outcome of the case . . . .” Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). In Zafirov, the defendants moved for judgment on the plead- ings, arguing that the FCA’s qui tam provisions violated the Ap- pointments Clause, the Take Care Clause, and the Vesting Clause. Zafirov, No. 24-13581, manuscript op. at 3–4. The district court granted the defendants’ motion solely on the defendants’ Appoint- ments Clause argument and did not address the Take Care Clause or Vesting Clause arguments the defendants raised. Id. at 4. On ap- peal, we vacated and remanded the district court’s order dismissing the qui tam action, holding that the FCA’s qui tam provisions do not violate the Appointments Clause. Id. at 18. We remanded with instructions to the district court to evaluate the defendants’ Take Care and Vesting Clause arguments. Id. at 18. Here, we grant the Government’s motion to summarily re- verse the District Court’s order because our decision in Zafirov shows that the Relators’ and the Government’s position is clearly correct as a matter of law. Groendyke, 406 F.2d at 1162. The District Court in this case granted judgment on the pleadings to the De- fendants on the sole basis that the FCA’s qui tam provisions violated the Appointments Clause. The District Court declined to reach the Defendants’ remaining arguments regarding the Vesting and Take Care Clauses. Because our decision in Zafirov controls the outcome of this appeal, the Relators’ and the Government’s motion for sum- USCA11 Case: 25-12009 Document: 28-1 Date Filed: 11/12/2026 Page: 4 of 4 4 Opinion of the Court 25-12009 mary reversal is GRANTED. As in Zafirov, we remand to the Dis- trict Court with instructions to address the Defendants’ remaining arguments. VACATED AND REMANDED.