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PRADO-STEIMAN v. BUSH

No. 99-11034.

221 F.3d 1266 (2000)

Wolf PRADO-STEIMAN, by and through his mother and next friend Laura PRADO, M.C., by and through his mother and next friend, et al., Plaintiffs-Appellees, v. Jeb BUSH, in his official capacity as Governor and Chief Executive of the State of Florida, Kathleen Kearney, in her official capacity as Secretary, Department of Children and Families, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 11, 2000.

Attorney(s) appearing for the Case

Jason Vail, Tallahassee, FL, for Defendants-Appellants.

Peter Nimkoff, Advocacy Center for Persons w/Disabilities, Tallahassee, FL, for Plaintiffs-Appellees.

Before EDMONDSON and MARCUS, Circuit Judges, and STROM, District Judge.

MARCUS, Circuit Judge:

This is an interlocutory appeal from a class certification order. It also marks our first opportunity to explicate the circumstances in which a court of appeals should exercise its discretion to accept such an appeal under Federal Rule of Civil Procedure 23(f).

Defendants, Governor Jeb Bush and other named state officials, appeal the district court's order certifying a broad class of developmentally-disabled persons eligible for Florida...

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